Fountain v. Fountain
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; STATEMENT BY THE COURT. Appellee brought suit for divorce against appellant, alleging that she and appellant were married in Faulkner County in the year 1896; that they lived together as husband and wife until the 6th day of January, 1906, when appellant treated appellee in such manner as to render her condition in life intolerable.
Read the full summary
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; STATEMENT BY THE COURT. Appellee brought suit for divorce against appellant, alleging that she and appellant were married in Faulkner County in the year 1896; that they lived together as husband and wife until the 6th day of January, 1906, when appellant treated appellee in such manner as to render her condition in life intolerable. The complaint specifies some of the conduct of appellant towards her which it is alleged made her condition intolerable, but it is unnecessary to set this out. Appellee alleged that J. W. Fountain…
1Opinion of the CourtWood, J.
The majority of the court is of the opinion that the allowance of alimony and attorney’s fees under the evidence is proper, regardless of whether a common-law marriage was shown or not. In the leading case of Brinkley v. Brinkley, 50 N. Y. 184, Chief Justice Folger, speaking for the court, after a careful and exhaustive review of authorities, English and American, reaches the conclusion that, “in all applications for temporary alimony and the expenses of the action, although there may be in the answer a general denial of the existence at any time of the marital relation, the court has the…
2Cases cited3 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1872
- Hite v. HiteCalifornia Supreme Court · 1899
- McKenna v. McKennaAppellate Court of Illinois · 1897
3Cited by7 opinions
- Chaves v. ChavesSupreme Court of Florida · 1920
- Arendall v. ArendallSupreme Court of Florida · 1911
- Wood v. WoodSupreme Court of Florida · 1908
- Slocum v. SlocumSupreme Court of Arkansas · 1908
- Ex parte HelmertSupreme Court of Arkansas · 1912
2 more not listed; retrieve them via the Exa API.