Pearce v. Pearce
Supreme Court of Alabama
Appeal from the Chancery Court of Walker. Heard before the Hon. John C. Carmichael. The proceedings in this case were bad upon a petition filed in the chancery court of Walker county by the ap-pellee, May E. Peai'ce, in which she averred that she and the respondent, J. Gus Pearce, were married in 1898, and lived together as husband and wife until June, 1900; that a child was. born to them, who, at the itme of the filing of the petition, was about 2 years old; that in June,…
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Appeal from the Chancery Court of Walker. Heard before the Hon. John C. Carmichael. The proceedings in this case were bad upon a petition filed in the chancery court of Walker county by the ap-pellee, May E. Peai'ce, in which she averred that she and the respondent, J. Gus Pearce, were married in 1898, and lived together as husband and wife until June, 1900; that a child was. born to them, who, at the itme of the filing of the petition, was about 2 years old; that in June, 1900, on account of the wrngful acts perpetrated upon the petitioner by her husband, there was a voluntary separation…
1Opinion of the CourtDowdell, J.
A petition by the wife under section 2538 of the Code is properly filed in her own name. McGough v. McGough, ante, p. 170.
A plea of res adjudicate, was filed in the petition, setting up the filing of a former petition by this petitioner, and that on a demurrer sustained to the petition, and a failure of the petitioner to amend the said petition, the same was by decree of the court dismissed. In proceedings of this nature, involving the custody and 'care of infants, the paramount consideration is the well-being and good of the infant. The rights of the petitioner and the defendant in the…
2Cited by17 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Sparkman v. SparkmanSupreme Court of Alabama · 1927
- Burns v. ShapleyAlabama Court of Appeals · 1917
- Hayes v. HayesSupreme Court of Alabama · 1915
- Coleman v. ColemanSupreme Court of Alabama · 1916
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