Rast v. Rast
Supreme Court of Alabama
'Bill in Equity for Divorce. Appeal from the City Court of Montgomery, in Equity. In this case the bill was by the husband against the wife, filed on the 30th of September, 1895, for a divorce on account of the alleged abandonment of the wife, and a final decree was rendered on the 30th of January, 1896. The wife filed her answer, and made it a cross-bill against the complainant, praying for a divorce in her favor, and asking for temporary and permanent alimony and counsel…
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'Bill in Equity for Divorce. Appeal from the City Court of Montgomery, in Equity. In this case the bill was by the husband against the wife, filed on the 30th of September, 1895, for a divorce on account of the alleged abandonment of the wife, and a final decree was rendered on the 30th of January, 1896. The wife filed her answer, and made it a cross-bill against the complainant, praying for a divorce in her favor, and asking for temporary and permanent alimony and counsel fees. On the 3d of December, 1895, the defendant moved the court to grant an order of reference to the register to…
1Opinion of the CourtHaralson, J.
1. The allowance of temporary alimony pending a suit for divorce, whether the bill be filed by the husband or wife, is not a matter of discretion, but of right in favor of the wife, subject to review as for the amount that may be allowed.-Code of 1886, § 2331; Edwards v. Edwards, 80 Ala. 97; Mahone v. Williams, 39 Ala. 212; Jeter v. Jeter, 36 Ala. 391.
The amount to be allowed cannot be subjected to any definite or fixed rules, but must depend upon the circumstances in life and the social position of the parties. It must be a matter largely within the discretion of the trial court; and it is…
2Cases cited3 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Jeter v. JeterSupreme Court of Alabama · 1860
- Edwards v. EdwardsSupreme Court of Alabama · 1885
3Cited by15 opinions
- Ex Parte JacksonSupreme Court of Alabama · 1925
- Bell v. BellSupreme Court of Alabama · 1926
- Coleman v. ColemanSupreme Court of Alabama · 1916
- Ryan v. RyanSupreme Court of Alabama · 1958
- Ex Parte EubankSupreme Court of Alabama · 1921
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