Mims v. Mims
Supreme Court of Alabama
Appeal from the Chancery Court at Claiborne. Heard 'before the Hon. Wade Keyes. This bill was filed, in October, 1855, by Mrs. Partbenia Mims, a married woman, suing by her next friend, against Stanford Mims, her husband.
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Appeal from the Chancery Court at Claiborne. Heard 'before the Hon. Wade Keyes. This bill was filed, in October, 1855, by Mrs. Partbenia Mims, a married woman, suing by her next friend, against Stanford Mims, her husband. Its material allegations were, that the said parties were married in July, 1839; that the defendant received about $2,000 in cash, the property of his wife, which he invested in negroes, who had largely increased in number and value when the bill was filed; that four children were born of the said marriage ; that the complainant, in 1847-8, “ from long and continued neglect…
1Opinion of the CourtNice, C. J.
—The bill was filed in October, 1855, in the name of the wife, by her next friend, against her husband, for alimony. It appears that she was insane when the bill was filed, and had been insane for several years-before that time. The first question to be considered is, whether the respondent, who in his answer insisted she *100was not insane, who took several depositions, who did not demur to the bill, and failed to move the court below to have the bill taken off the file, is now, after a decree on a hearing on pleadings and proof by the chaneelloi’, entitled to reverse that decree upon the single…
2Cases cited3 opinions
- Isaacs v. BoydSupreme Court of Alabama · 1837
- Hanberry v. HanberrySupreme Court of Alabama · 1857
- Longnecker v. GreenwadeCourt of Appeals of Kentucky · 1837
3Cited by8 opinions
- Hinds v. HindsSupreme Court of Alabama · 1885
- Kaplan v. KaplanNew York Court of Appeals · 1931
- Campbell v. CampbellSupreme Court of Alabama · 1941
- Dillion v. DillionCourt of Appeals of Texas · 1925
- Edwards v. EdwardsSupreme Court of Alabama · 1885
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