Harris v. Davis
Supreme Court of Alabama
Error to the Circuit Court of Frankliu county. THIS action of assumpsit was brought in the court below, by the present plaintiff, against the present defendant, in which the defendant had judgment.
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Error to the Circuit Court of Frankliu county. THIS action of assumpsit was brought in the court below, by the present plaintiff, against the present defendant, in which the defendant had judgment. The following facts were admitted on the trial of the cause: That the account which was for the boarding and tuition of the defendant’s children was correct; that the wife of the defendant, sometime during the year, 1837» filed a bill in Chancery against her husband (the defendant,) for divorce and separate maintenance; alleging that her husband treated her with cruelty, and was a non compos…
1Opinion of the CourtOrmond, J.
This case is distinguishable from the case of Westmoreland v. Davis, decided at the present term of this Court, in this, that if the plaintiff cannot maintain this action, he is without remedy; as it is very certain, that an action will not lie against the wife of the defendant, after the restoration of the husband to sanity, and the consequent dismissal of the bill for a separate maintenance.
*261There is, however, a clear moral obligation, on the part (f the defendant, to pay for the boarding and tuition of his children; and such being the case, he would be liable, on an express promise, to pay…
2Cited by4 opinions
- Ryan v. CouchSupreme Court of Alabama · 1880
- Baker v. GregorySupreme Court of Alabama · 1856
- Grimshaw v. WalkerSupreme Court of Alabama · 1847
- Smith v. PearsonSupreme Court of Alabama · 1855