Hill v. Hill
Supreme Court of Alabama
Writ of Error to the Chancery Court of Sumter. Bill for a divorce by the plaintiff in error. The bill seeks a divorce a mensa et thoro, and charges that the defendant was violent, and disorderly in her conduct, “ until at length her life was one continued practice of extreme cruelty, upon your orator and his children.” It further charges that she has left his house, and gone to the State of Mississippi.
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Writ of Error to the Chancery Court of Sumter. Bill for a divorce by the plaintiff in error. The bill seeks a divorce a mensa et thoro, and charges that the defendant was violent, and disorderly in her conduct, “ until at length her life was one continued practice of extreme cruelty, upon your orator and his children.” It further charges that she has left his house, and gone to the State of Mississippi. Subsequently, a supplemental bill was filed, charging a voluntary abandonment by the wife, for the space of three years, and praying a divorce a vinculo. The defendant answered the bill,…
1Opinion of the CourtOrmond, J.
The original bill is defective, in not stating in what the cruelty complained of, consisted. As it is stated in the bill, it is a conclusion from' facts, which are not set forth, and cannot therefore be answered. But this objection to the bill, is waived by omitting to state it as a cause of demurrer ; the general demurrer in the answer, merely goes to the equity of the bill. The answer of the defendant fully denies all the equity of the bill, and independent of this, the decree of the chancellor dismissing it was correct, as there was no evidence sustaining it.
The supplemental bill is not…
2Cases cited1 opinion
- Bowie v. MinterSupreme Court of Alabama · 1841
3Cited by21 opinions
- Planters' & Merchants' Mutual Insurance v. Selma Savings BankSupreme Court of Alabama · 1879
- Hanby's Adm'r v. Henritze's Adm'rSupreme Court of Virginia · 1888
- Harper v. Raisin Fert. Co.Supreme Court of Alabama · 1908
- Holston v. HolstonSupreme Court of Alabama · 1853
- Schwab v. SchwabCourt of Appeals of Maryland · 1903
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