Garland v. Garland
Mississippi Supreme Court
Appeal from the Chancery Court of Pike County. Hon. E. G. Peyton, Jr., Chancellor. The pleadings sufficiently appear in the opinion of the court. 1. That the demurrer should have been sustained, as there is no jurisdiction in a court of equity to grant a separate maintenance to the wife, independent of a proceeding for divorce. Ball v. Montgomery, 2 Yesey, Jr., 195 ; Duncan v. Duncan, 19 Yesey, Jr., 396; 2 Story’s Eq.
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Appeal from the Chancery Court of Pike County. Hon. E. G. Peyton, Jr., Chancellor. The pleadings sufficiently appear in the opinion of the court. 1. That the demurrer should have been sustained, as there is no jurisdiction in a court of equity to grant a separate maintenance to the wife, independent of a proceeding for divorce. Ball v. Montgomery, 2 Yesey, Jr., 195 ; Duncan v. Duncan, 19 Yesey, Jr., 396; 2 Story’s Eq. Jur., §§ 1422, 1423, 1424, 1472. The same principle has been recognized in this state. Kenly v. Kenly, 2 How., 751; Porter v. Porter, 41 Miss., 116; 27 Miss., 630. 2. That the…
1Opinion of the CourtTarbell, J.
The complaint of Mary Garland represents that she was married to William H. Garland in 1855 ; that they lived together as husband and wife until 1867; that in the latter year they signed written articles of separation ; that such separation was to be final, except by the consent of both parties ; that toward the close of the year last named, the parties, by mutual consent, resumed their relation as husband and wife, and lived and cohabited together as such, until 1871; that the contract of separation was signed by the complainant because of the threats, persecution and insufferable conduct of…
2Cases cited12 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- Galland v. GallandCalifornia Supreme Court · 1869
- Wallingsford v. WallingsfordCourt of Appeals of Maryland · 1825
- Glover v. GloverSupreme Court of Alabama · 1849
- Rogers v. RogersNew York Court of Chancery · 1834
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3Cited by39 opinions
- Daniels v. DanielsSupreme Court of Colorado · 1886
- In re DoleHawaii Supreme Court · 1903
- Artman v. ArtmanSupreme Court of Connecticut · 1930
- Duvall v. DuvallMississippi Supreme Court · 1955
- Wood v. WoodSupreme Court of Arkansas · 1891
34 more not listed; retrieve them via the Exa API.