Legal Opinion

Powell v. Powell

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 16 opinions

Appeal from Marshall Chancery Court. Heard before Hon. S. K. MoSpadden. This was a bill in equity filed on July 1, 1885, by Lewis R. Powell, against his wife, Sarah Ann Powell, and sought a divorce a vinculo matrimonii, on the ground of adultery. The nature of the allegations contained in the bill of complainant and the answer of the respondent, and the character of the testimony are sufficiently shown in the opinion.

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Appeal from Marshall Chancery Court. Heard before Hon. S. K. MoSpadden. This was a bill in equity filed on July 1, 1885, by Lewis R. Powell, against his wife, Sarah Ann Powell, and sought a divorce a vinculo matrimonii, on the ground of adultery. The nature of the allegations contained in the bill of complainant and the answer of the respondent, and the character of the testimony are sufficiently shown in the opinion. The chancellor rendered a decree divorcing the parties, the cause being submitted, as shown by the record, upon bill and answer, depositions of specified witnesses, and an…

1Opinion of the CourtClopton, J.

The institution of marriage, established by divine, and perpetuated and guarded by human, authority, constitutes the foundation of organized society, protects private and public morality and virtue, and moulds the character of the citizens of the commonwealth. While an agreement to marry is regarded generally a civil contract, by its consummation contractual relations of a special kind are formed, and the status of the parties and their duties to each other and to the public, are ascertained and fixed. Extraordinary and exclusive personal relations are created to continue so long as both…

2Cases cited3 opinions

  1. Jeter v. JeterSupreme Court of Alabama · 1860
  2. Ribet v. RibetSupreme Court of Alabama · 1864
  3. Mosser v. MosserSupreme Court of Alabama · 1856

3Cited by16 opinions

  1. Spafford v. SpaffordSupreme Court of Alabama · 1917
  2. Coleman v. ColemanSupreme Court of Alabama · 1916
  3. State ex rel. Fowler v. MooreNevada Supreme Court · 1922
  4. Beard v. StateAlabama Court of Appeals · 1923
  5. State v. Pierce CountyWashington Supreme Court · 1925

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