McFarland v. McFarland
Mississippi Supreme Court
Appeal from, the Chancery Court of Lincoln County. Hon. Lauch MoLaurin, Chancellor. The case is stated in the opinion of the court. 1. This is not a divorce case, it is a suit for alimony without a divorce; it is purely an equity suit. Certainly, under our Mississippi practice, all evidence must be given in by depositions, of the taking of which notice must be given.
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Appeal from, the Chancery Court of Lincoln County. Hon. Lauch MoLaurin, Chancellor. The case is stated in the opinion of the court. 1. This is not a divorce case, it is a suit for alimony without a divorce; it is purely an equity suit. Certainly, under our Mississippi practice, all evidence must be given in by depositions, of the taking of which notice must be given. Section 1938, § 1943, § 1944, Code of 1880, are the exceptions to the general rule, and this case falls within none of them. Of course, the statute allowing oral evidence in divorce cases does not apply to this 'suit. 2. The…
1Opinion of the CourtCooper, C. J.
The appellee exhibited her bill in the Chancery Court of Lincoln County against the appellant for alimony. The bill charges the marriage of the parties and that subsequently the husband drove the wife from home, and has refused to make provision for h«r support or to permit her to return to his domicile. The answer admits the marriage, charges the complainant to be of ungovernable temper, whereby the home of the defendant was made unhappy and his children forced to leave his home. It denies that the defendant compelled the complainant to leave his home, but says that she went of her own…
2Cases cited3 opinions
- Garland v. GarlandMississippi Supreme Court · 1874
- Porter v. PorterMississippi Supreme Court · 1866
- Verner v. VernerMississippi Supreme Court · 1884
3Cited by19 opinions
- Hiss v. HissSupreme Court of Connecticut · 1949
- Sims v. SimsMississippi Supreme Court · 1920
- Rees v. ReesMississippi Supreme Court · 1940
- Scott v. ScottMississippi Supreme Court · 1895
- Reed v. ReedMississippi Supreme Court · 1904
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