Legal Opinion

Kelley v. Kelley

Supreme Court of Alabama

Decided June 30, 1921No. 4 Div. 923PublishedCited by 3 opinions

Appeal from Circuit Court, Pike County; A. B. Foster,.Judge. Bill by Lester Kelley against Verbie Kelley for divorce, with cross-bill by Verbie Kelley, seeking divorce and alimony. From-a decree granting the respondent a divorce on her cross-bill, but without alimony, complainant appeals.

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Appeal from Circuit Court, Pike County; A. B. Foster,.Judge. Bill by Lester Kelley against Verbie Kelley for divorce, with cross-bill by Verbie Kelley, seeking divorce and alimony. From-a decree granting the respondent a divorce on her cross-bill, but without alimony, complainant appeals. The bill alleged that Lester Kelley was compelled to marry Verbie Kelley at the point of a pistol by her father and an uncle, and that as soon as he could he escaped, and had not lived with his wife at all. Cross-bill denies the duress, sets up abandonment, and asks for alimony in support of the wife and a…

1Opinion of the CourtMiller, J.

Lester Kelley files bill against Verbie Kelley to annul a marriage contract on the ground of duress. The respondent files answer, in the nature of a cross-bill, for divorce, denies the duress, alleges abandonment, and asks for alimony. The court rendered decree denying complainant relief, holding the marriage valid, granting divorce on the cross-bill, refusing to give alimony, and permitting both parties to marry again. This decree is assigned as error.

The complainant and defendant were married by the probate judge of Pike county, Ala., on the third Sunday in July, 1911. They were in a buggy…

2Cases cited5 opinions

  1. Hawkins v. HawkinsSupreme Court of Alabama · 1904
  2. Williams v. StateSupreme Court of Alabama · 1870
  3. Thorne v. FarrarWashington Supreme Court · 1910
  4. Honnett v. HonnettSupreme Court of Arkansas · 1878
  5. Collins v. RyanSupreme Court of Louisiana · 1897

3Cited by3 opinions

  1. Gwin v. GwinSupreme Court of Alabama · 1929
  2. Newman v. SiglerSupreme Court of Alabama · 1930
  3. Robertson v. RobertsonSupreme Court of Alabama · 1955

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