Pentecost v. Pentecost
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steel, Judge. Bill by W. M. Pentecost against Myrtle Pentecost for divorce, with cross-bill by Myrtle Pentecost for alimony and for support and custody of the child. Prom a decree denying complainant relief and granting respondent relief on her cross-bill, complainant appeals.
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Appeal from Circuit Court, Etowah County; O. A. Steel, Judge. Bill by W. M. Pentecost against Myrtle Pentecost for divorce, with cross-bill by Myrtle Pentecost for alimony and for support and custody of the child. Prom a decree denying complainant relief and granting respondent relief on her cross-bill, complainant appeals. Under the pleadings and proof, complainant was entitled to relief. 178 Ala. 121, 59 South. 48; 74 South. 971. The court properly granted relief to respondent. 95 Ala. 451, 11 South. 11, 18 L. R. A. 95.
1Opinion of the CourtThomas, J.
The appeal is from a decree denying divorce to complainant, sustaining respondent’s cross-bill praying for temporary and permanent alimony, and for the custody and control of their children.
The complainant husband’s case was rested on voluntary abandonment for two years. Respondent in her cross-bill asked for no divorce, that same be disallowed the husband, and prayed for alimony and custody and control of her children.
To authorize a divorce for abandonment there must have' been a final departure, without the consent of the other party to the marriage, without sufficient reason therefor, and…
2Cases cited9 opinions
- Jones v. JonesSupreme Court of Alabama · 1891
- Brown v. BrownSupreme Court of Alabama · 1912
- Alkire v. AlkireWest Virginia Supreme Court · 1890
- Gray v. GraySupreme Court of Alabama · 1849
- Holston v. HolstonSupreme Court of Alabama · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Stephenson v. StephensonSupreme Court of Alabama · 1925
- Stephenson v. StephensonSupreme Court of Alabama · 1927
- Phillips v. PhillipsSupreme Court of Alabama · 1924
- Alabama Co. v. BrownSupreme Court of Alabama · 1921