Legal Opinion

Barrington v. Barrington

Supreme Court of Alabama

Decided May 13, 1921No. 3 Div. 485PublishedCited by 14 opinions

Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by Mary W. Barrington against Richard L. Barrington for divorce. From a decree overruling demurrers to the bill, respondent appeals. The bill is insufficient in the averment of cause. 39 Ala. 349; 1 Bishop on M. & D. § 5; 19 C. J. 108; 200 Ala. 315, 76 South. 81. The statute is arbitrary and unreasonable. 169 U. S. 385, 18 Sup. Ct. 383, 42 L. Ed. 780; 134 U. S. 160, 10 Sup.

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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Bill by Mary W. Barrington against Richard L. Barrington for divorce. From a decree overruling demurrers to the bill, respondent appeals. The bill is insufficient in the averment of cause. 39 Ala. 349; 1 Bishop on M. & D. § 5; 19 C. J. 108; 200 Ala. 315, 76 South. 81. The statute is arbitrary and unreasonable. 169 U. S. 385, 18 Sup. Ct. 383, 42 L. Ed. 780; 134 U. S. 160, 10 Sup. Ct. 384, 33 L. Ed. 835; 137 U. S. 483, 11 Sup. Ct. 143, 34 L. Ed. 734; 184 U. S. 560, 22 Sup. Ct. 431, 46 L. Ed. 679; 183 U. S. 79, 22 Sup. Ct. 30, 46…

1Opinion of the CourtSomerville, J.

The bill of complaint is filed under section 3795 of the Code as amended by the act of September 30, 1919 (Gen. Acts 1919, p. 878), which authorizes divorces as follows:

“To wife in case of cruelty or nonsupport by husband. In favor of the wife when the husband has committed actual violence on her person, attended with danger to life or health, or when from his conduct there is reasonable apprehension of such violence; or when the wife has lived, or shall have lived separate and apart from the bed and board of the husband for five years and without support from him for two years next preceding…

2Cases cited10 opinions

  1. Haddock v. HaddockSupreme Court of the United States · 1906
  2. Maynard v. HillSupreme Court of the United States · 1888
  3. Andrews v. AndrewsSupreme Court of the United States · 1903
  4. Watson v. MarylandSupreme Court of the United States · 1910
  5. Leeper v. TexasSupreme Court of the United States · 1891

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Valley Nat. Bank of Phoenix v. GloverArizona Supreme Court · 1945
  2. State v. ThompsonNew Mexico Supreme Court · 1953
  3. Vernon v. StateSupreme Court of Alabama · 1944
  4. Karczewski v. Baltimore and Ohio Railroad CompanyDistrict Court, N.D. Illinois · 1967
  5. Ex Parte MelofSupreme Court of Alabama · 1999

9 more not listed; retrieve them via the Exa API.

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