Anonymous
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. John Foster. The bill in this case was filed by the appellant, on the 19th November, 1856, to obtain a decree of divoi’ce from his wife, on the ground that she was, at the time of the marriage, physically and incurably incapacitated from entering into the marriage state. The defendant answered the bill, and denied all its allegations, except as to the fact and date of the marriage.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. John Foster. The bill in this case was filed by the appellant, on the 19th November, 1856, to obtain a decree of divoi’ce from his wife, on the ground that she was, at the time of the marriage, physically and incurably incapacitated from entering into the marriage state. The defendant answered the bill, and denied all its allegations, except as to the fact and date of the marriage. After the testimony had been published, the complainant moved the chancellor for an order to compel the defendant to submit her person to an…
1Opinion of the CourtStone, J.
It is urged in support of the chancellor’s action, in refusing to direct that the defendant should submit her person to a medical examination, tó be conducted under the order of the court, that she (the defendant) was a non-resident — was not subject to the order' of the court — and that the order, if made, could have accomplished'nothing, unless the'defendant had" voluntarily submitted to it; in other words, that the court had no power to compel the defendant to comply with such order, she being beyond its jurisdiction. It is not our purpose, in this'opinion, to commit ourselves either for…
2Cases cited14 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Devanbagh v. DevanbaghNew York Court of Chancery · 1836
- Planters & Merchants' Bank of Mobile v. WalkerSupreme Court of Alabama · 1845
- Alexander v. AlexanderSupreme Court of Alabama · 1843
- Michan v. WyattSupreme Court of Alabama · 1852
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McGuff v. StateSupreme Court of Alabama · 1889
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Atchison, Topeka & Santa Fé Railroad v. ThulSupreme Court of Kansas · 1883
- Norwood v. L. & N. RailroadSupreme Court of Alabama · 1906
- Adams v. Munter & BrotherSupreme Court of Alabama · 1883
4 more not listed; retrieve them via the Exa API.