Tutwiler v. Tutwiler
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace O. Wilkinson, Judge. Bill by Willie Tutwiler against E. W. Tutwiler for alimony and the custody of a child, but not for divorce. From a decree overruling demurrers to the bill, defendant appeals. Bill by the wife against the husband seeking alimony independent of divorce and also to be awarded the custody of the children.
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Appeal from Circuit Court, Jefferson County; Horace O. Wilkinson, Judge. Bill by Willie Tutwiler against E. W. Tutwiler for alimony and the custody of a child, but not for divorce. From a decree overruling demurrers to the bill, defendant appeals. Bill by the wife against the husband seeking alimony independent of divorce and also to be awarded the custody of the children. After averring the ages of the parties and their marriage and separation in Jefferson county, the bill alleges that “the complainant was compelled to and did leave the defendant because of his cruelty to her, and because…
1Opinion of the CourtGardner, J.
[1] Courts of equity exercise in this state original jurisdiction to award alimony independently of a bill for divorce. Spafford v. Spafford, 199 Ala. 300, 74 South. 354, L. R. A. 1917D, 773; Johnson v. Johnson, 190 Ala. 527, 67 South. 400.
[2] Reasonable compensation for complainant’s solicitor was properly claimed. Johnson v. Johnson, 195 Ala. 641, 71 South. 415.
[3] We are of the opinion the bill sufficiently shows the separation of the parties was due to the fault of the husband, in that it is averred that complainant was compelled to and did leave respondent on account of his failure to…
2Cases cited5 opinions
- Spafford v. SpaffordSupreme Court of Alabama · 1917
- O'Neal v. CooperSupreme Court of Alabama · 1914
- Hill v. HillSupreme Court of Alabama · 1846
- Johnson v. JohnsonSupreme Court of Alabama · 1916
- Johnson v. JohnsonSupreme Court of Alabama · 1914
3Cited by9 opinions
- Ex Parte State Ex Rel. TissierSupreme Court of Alabama · 1925
- Benton v. BentonSupreme Court of Alabama · 1926
- Harris v. HarrisSupreme Court of Alabama · 1951
- Jones v. JonesSupreme Court of Alabama · 1937
- Marcum v. MarcumSupreme Court of Alabama · 1954
4 more not listed; retrieve them via the Exa API.