Downey v. Downey
Supreme Court of Alabama
Appeal from Perry Chancery. Court. Heard before tbe Hon. W. H. Tayloe. The appellee, Sarah Downey, filed her bill against John Downey, for maintenance and support.
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Appeal from Perry Chancery. Court. Heard before tbe Hon. W. H. Tayloe. The appellee, Sarah Downey, filed her bill against John Downey, for maintenance and support. The bill alleged that complainant was married to the defendant about the year 1843, and that they had lived together as man and wife until a short time before the year 1891. That on the 12th of January, 1892, said John Downey filed his bill of complaint in the Chancery Court of Perry county, against said Sarah, praying for a divorce on the ground of voluntary abandonment, which was decreed on the 24th of February following,…
1Opinion of the CourtMcCLELLAN, J.
The question presented on this record, namely, whether a quondam wife may, after a decree of absolute divorce from the bonds of matrimony granted at the instance of her husband for misconduct on her part, and which allows each of the parties to re-marry, maintain a bill for alimony, is one upon which there is great conflict in the adjudged cases of other jurisdictions, as will appear from a Synopsis of the briefs of counsel in the report of this case. Most, if not all of the text-writers who discuss the point, hold that alimony will not be allowed on a separate proceeding after divorce a…
2Cases cited6 opinions
- Murray v. MurraySupreme Court of Alabama · 1887
- Harrison v. HarrisonSupreme Court of Alabama · 1852
- Glover v. GloverSupreme Court of Alabama · 1849
- Jones v. JonesSupreme Court of Alabama · 1891
- Kinsey v. KinseySupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Joyner v. JoynerSupreme Court of Georgia · 1908
- Darby v. DarbyTennessee Supreme Court · 1925
- Ex Parte JonesSupreme Court of Alabama · 1947
- Golden v. GoldenSupreme Court of Alabama · 1893
- Carson v. OldfieldSupreme Court of Florida · 1930
6 more not listed; retrieve them via the Exa API.