Hardin v. Hardin
Supreme Court of Alabama
Error to the Chancery Court of Limestone. Tried before the Hon. David G. Ligón. The bill in this case was filed by John Hardin, the plaintiff, against his wife, Susan Hardin, the defendant in error, for a divorce, on the ground of three years’ voluntary abandonment.
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Error to the Chancery Court of Limestone. Tried before the Hon. David G. Ligón. The bill in this case was filed by John Hardin, the plaintiff, against his wife, Susan Hardin, the defendant in error, for a divorce, on the ground of three years’ voluntary abandonment. The chancellor dismissed the bill on final hearing, which is how assigned as error. 1. The plaintiff in error lias brought himself within the strict letter of the statute, and has fully established not only that his wife voluntarily abandoned him and left his bed and board for the space of three years, hut that she refused to…
1Opinion of the CourtParsons, J.
It is settled in England that malicious clesertion is no cause for a divorce. For this there is a remedy there in the Ecclesiastical Courts, by a suit for a restitution of conjugal rights. This remedy does not exist here, but it is enacted that if a wife vohmtarily leave her husband’s bed and board for the space of three years with intention of abandonment, this is sufficient cause for a divorce in his favor. — Clay’s Dig. 170, § 3. The defendant in the present case certainly left her husband and remained away for three years and more before this suit was brought; but the question is whether…
2Cases cited1 opinion
- Gray v. GraySupreme Court of Alabama · 1849
3Cited by11 opinions
- Sparkman v. SparkmanSupreme Court of Alabama · 1927
- Lyster v. LysterMassachusetts Supreme Judicial Court · 1873
- Turner v. TurnerSupreme Court of Alabama · 1870
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- AnonymousSupreme Court of Alabama · 1876
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