Alexander v. Alexander
Supreme Court of Alabama
Error to the Chancery Court at Montgomery. This case comes here upon exceptions to the master’s report, in two cases, heard together, by consent; one filed by the plain-tiffin error, as guardian of a lunatic, to dissolve the marriage ; the other, by the wife, for a divorce and alimony. The chancellor decreed the marriage valid, and taxed the complainant with the costs.
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Error to the Chancery Court at Montgomery. This case comes here upon exceptions to the master’s report, in two cases, heard together, by consent; one filed by the plain-tiffin error, as guardian of a lunatic, to dissolve the marriage ; the other, by the wife, for a divorce and alimony. The chancellor decreed the marriage valid, and taxed the complainant with the costs. This decree was so far modified by this Court, as to require the costs to be paid out of the lunatic’s estate. An account being ordered of the lunatic’s estate in the hunds of the guardian, the master reported, rejecting many…
1Opinion of the Court
ORMOND, J
The chancellor, in acting upon the decree, made in this cause, when it was formerly before this Court, [5 Ala. 520,] where it was held, that the costs of the proceeding *799must be paid out of the estate of the lunatic, understands it to mean, «that all reasonable, and necessary costs, and expenses, incurred by either of the parties, in prosecuting, or defending the suits, should be paid out of the estate of the lunatic.” This is doubtless a correct exposition of the rule laid down by this Court, which was made in reference to the suit instituted by the guardian of the lunatic, to…
2Cases cited3 opinions
- Kirkman v. VanlierSupreme Court of Alabama · 1844
- Alexander v. AlexanderSupreme Court of Alabama · 1843
- Hart v. EyckNew York Court of Chancery · 1817
3Cited by13 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Lyles v. StateTexas Supreme Court · 1874
- Penney v. Pritchard & McCallSupreme Court of Alabama · 1950
- Vaughan v. SmithSupreme Court of Alabama · 1881
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