Martin v. Martin
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thos. W. Coleman. Bill by Gussie Martin against Anee Martin, as'administrator of the estate of M. J. Martin, deceased, and others, for the removal of the estate from the probate to the chancery court, and for other purposes. From a decree for respondents, complainant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thos. W. Coleman. Bill by Gussie Martin against Anee Martin, as'administrator of the estate of M. J. Martin, deceased, and others, for the removal of the estate from the probate to the chancery court, and for other purposes. From a decree for respondents, complainant appeals. The case made by the bill is substantially as follows: The complainant is alleged to be the widow of one M. J. Martin, who died intestate on the 6th day of February, 1910, at which time he was an inhabitant of Calhoun county. He left surviving him several children, and…
1Opinion of the CourtMcCLELLAN, J.
The jurisdiction of courts of equity to dissolve the bonds of matrimony is purely statutory. — Nelson on Div. §§ 10, 17, 18, 19; 1 Pom. Equity Juri. §§ 98, 112 (subd. 10) ; 14 Cyc. pp. 581, 582; 9 Am. & Eng. Ency. Law, p. 726. Accordingly, the power to grant divorce a vinculo is not of the general jurisdiction of courts of equity; but they are in that respect, courts of limited and special jurisdiction. “Where a special authority, in derogation of the common law, is conferred by statute on a court of general jurisdiction, it becomes quoad hoc an inferior or limited court.” — State v. M. & G.…
2Cases cited15 opinions
- Bell v. BellSupreme Court of the United States · 1901
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Haymond v. HaymondTexas Supreme Court · 1889
- Gunn v. HowellSupreme Court of Alabama · 1855
- King v. Kent's HeirsSupreme Court of Alabama · 1857
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3Cited by55 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Johnson v. JohnsonSupreme Court of Alabama · 1913
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Williams v. OvercastSupreme Court of Alabama · 1934
- Phillips v. AshworthSupreme Court of Alabama · 1929
50 more not listed; retrieve them via the Exa API.