Jones v. Jones
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Mary M. Jones against C. C. Jones for alimony, but not divorce. From a decree overruling demurrers to the bill, respondent appeals.
Read the full summary
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Mary M. Jones against C. C. Jones for alimony, but not divorce. From a decree overruling demurrers to the bill, respondent appeals. The agreement of appellee to join in conveyances stipulated in the contract was valid, and a part of the contract, and if violated by her, operated as a bar to any recovery by her of the money stipulated to be paid her under the contract. — Duryea v. Bliven, 122 N. Y. 576. The wife cannot maintain a bill for alimony separate and apart from divorce proceedings except where the…
1Opinion of the CourtMayfield, J.
This is a suit in equity, by the wife against the husband, and seeks alimony in the nature of maintenance Avithout praying for divorce.
Such suits have been repeatedly sanctioned by this court, and held to be authorized under our statutes as to divorce proceedings and our system of chancery procedure. — Brady v. Brady, 144 Ala. 414, 39 South. 237; Hinds v. Hinds, 80 Ala. 225; Murray v. Murray, 84 Ala. 363, 4 South. 239; Brindley v. Brindley, 115 Ala. 474, 22 South. 448; Clisby v. Clisby, 160 Ala. 572, 49 South. 445, 135 Am. St. Rep. 110. The bill in this case is evidently modeled after the…
2Cases cited5 opinions
- Brady v. BradySupreme Court of Alabama · 1905
- Murray v. MurraySupreme Court of Alabama · 1887
- Hinds v. HindsSupreme Court of Alabama · 1885
- Clisby v. ClisbySupreme Court of Alabama · 1909
- Brindley v. BrindleySupreme Court of Alabama · 1896
3Cited by4 opinions
- Ortman v. OrtmanSupreme Court of Alabama · 1919
- Alabama Iron & Fuel Co. v. BenenanteAlabama Court of Appeals · 1914
- Lyall v. LyallSupreme Court of Alabama · 1948
- Whitman v. WhitmanSupreme Court of Alabama · 1931