Legal Opinion

Bickley v. Bickley

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 18 opinions

Appeal from the Chancery Court of Colbert. Heard before the Hon. William H. Simpson. The original bill in this case whs filed by the appellant, Susan P. Bickley, against Elbert L. Bickley and Clarence T. Bickley. The purpose of the bill was to have alimony granted the complainant upon the ground of the voluntary abandonment of her by her husband, Elbert L. Bick-ley.

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Appeal from the Chancery Court of Colbert. Heard before the Hon. William H. Simpson. The original bill in this case whs filed by the appellant, Susan P. Bickley, against Elbert L. Bickley and Clarence T. Bickley. The purpose of the bill was to have alimony granted the complainant upon the ground of the voluntary abandonment of her by her husband, Elbert L. Bick-ley. It was averred in the bill that during the absence of Elbert L. Bickley, he left his nephew, Clarence T. Bickley, in charge of his property and for this reason Clarence T. Bickley was made a party defendant. The respondent Elbert…

1Opinion of the CourtHaralson, J.

1. In England the law of marriage and divorce, in its administration, was committed to the ecclesiastical courts; and as we have no such courts in this country, §.nd never had, observes Mr. Bishop, “no tribunal in this country can take jurisdiction of this class of cases, without authority from a statute;” but, when a statute, has given the authority, the tribunal is to exercise it, according to the practice in the ecclesiastical courts, modified to harmonize with the.practice in our courts, and not opposed or repugnant to the constitution and statutes of the 'State.” — 1 Bishop on Marriage…

2Cases cited5 opinions

  1. Brindley v. BrindleySupreme Court of Alabama · 1898
  2. Paysant v. WareSupreme Court of Alabama · 1840
  3. Wuest v. WuestNevada Supreme Court · 1882
  4. Cooper v. MaddanSupreme Court of Alabama · 1844
  5. Blakely v. BlakelyCalifornia Supreme Court · 1891

3Cited by18 opinions

  1. Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
  2. United States v. Frank P. LaurelliCourt of Appeals for the Third Circuit · 1961
  3. Coleman v. ColemanSupreme Court of Alabama · 1916
  4. Haralson v. WhitcombSupreme Court of Alabama · 1917
  5. Byars v. JamesSupreme Court of Alabama · 1922

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