Spafford v. Spafford
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Bernadine Spafford against Ralph B. Spafford for alimony without divorce. From a decree overruling demurrers to the bill, defendant appeals. Bill by the wife, appellee here, against the husband for alimony alone.
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Appeal from Mobile Chancery Court. Heard before Hon. Thomas H. Smith. Bill by Bernadine Spafford against Ralph B. Spafford for alimony without divorce. From a decree overruling demurrers to the bill, defendant appeals. Bill by the wife, appellee here, against the husband for alimony alone. The bill shows both parties to be over the age of 21 and residents of the city of Mobile, Ala., and their marriage on October 28, 1915. The bill further shows that prior to their marriage, respondent promised complainant that he would, take her into a home owned by him which would not be occupied by other…
1Opinion of the Court
GARDNER, J.(1) This is a bill by the wife for separate maintenance. That courts of equity exercise in this state original jurisdiction to award alimony independently of a bill for divorce was established in the early history of this court, and is of course not questioned on this appeal. — Clisby v. Clisby, 160 Ala. 572, 49 South. 445, 135 Am. St. Rep. 110.(2) There has existed some diversity of opinion as to whether or not the wife to sustain such a suit must necessarily establish facts sufficient to warrant a divorce. Such a view seems to be entertained by Mr. Bishop in his work on Marriage…
2Cases cited13 opinions
- Hall v. HallWest Virginia Supreme Court · 1911
- Albee v. AlbeeIllinois Supreme Court · 1892
- Winkles v. PowellSupreme Court of Alabama · 1911
- Clisby v. ClisbySupreme Court of Alabama · 1909
- Powell v. PowellSupreme Court of Vermont · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Ex Parte WeissingerSupreme Court of Alabama · 1945
- Taylor v. TaylorSupreme Court of Alabama · 1948
- AnonymousSupreme Court of Alabama · 1921
- Higgins v. HigginsSupreme Court of Alabama · 1930
- Ex Parte AppersonSupreme Court of Alabama · 1928
38 more not listed; retrieve them via the Exa API.