Gray v. Gray
Supreme Court of Alabama
Error to the Chancery Court of Lowndes. Before the Hon. Joseph W. Lesesne, Chancellor, The facts of this case are sufficiently stated in the opinion of the court. 1. Though this is a civil case, yet the facts are criminal, and the consequences of the decree, serious and final; therefore, the strictest proof should be required. Evans v. Evans, 4 Eccl. Rep. 313, 342. 2. To entitle the wife to a divorce, the abandonment must be without fault on her part.
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Error to the Chancery Court of Lowndes. Before the Hon. Joseph W. Lesesne, Chancellor, The facts of this case are sufficiently stated in the opinion of the court. 1. Though this is a civil case, yet the facts are criminal, and the consequences of the decree, serious and final; therefore, the strictest proof should be required. Evans v. Evans, 4 Eccl. Rep. 313, 342. 2. To entitle the wife to a divorce, the abandonment must be without fault on her part. Taylor v. Taylor, 6 Eccl. R. 81; Warring v. Warring, 1 ib. 210; Best v. Best, 2 ib. 163. These cases were for divorce, on the ground of…
1Opinion of the CourtChilton, J.
The defendant in error, filed her bill in the chancery court of Lowndes county, for a divorce from her husband, Joshua Gray, alleging cruel treatment, as also, that he had abandoned her, without the intention of returning, for the space of three years, next before the filing of the bill.
Upon the trial in the court below, the complainant abandoned the ground of cruelty, and relied solely upon the, alleged abandonment, for relief.
It is insisted in this court, by the counsel, for thé plaintiff in error, that the allegations of the bill are insufficient,-in as much as there is no averment that…
2Cases cited2 opinions
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