TaiLexi AI U.S. Case Law

Phillips v. Phillips

Phillips v. Phillips, 58 So. 252 (Ala. 1912)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Alabama · State Highest Courts
Decided
February 1, 1912
Judges
Dowdell, Simpson
Citations
58 So. 252176 Ala. 3081912 Ala. LEXIS 64
Disposition
Reversed and rendered.
Headnotes
Divorce. Divorce; Grounds; Pleading and Proof. — A divorce cannot be decreed or granted upon any other ground than those alleged in the bill.
Summary
Appeal from Bessemer City Court. Heard-before Hon. J. C. B. Gwin. Bill by Jackson Phillips against Adeline Phillips, for divorce. Prom a decree granting the relief prayed, respondent appeals. The testimony did not support the averments that the respondent left complainant.- — Subd. 3, sec. 2793, Code 1907. The abandonment must be voluntary. — Hanberry v. Hanberry. 29 Ala. 719; Gray v. Gray, 15 Ala. 779; Jones v. Jones, 113 Ala. 145. This court has only appellate jurisdiction, and is bound by the finding of facts .in equity cases. — State v. Flinn, Miner, 8; Johnson v. AMoooJ, 2 Stew, 225; Sec. 140, Constitution 1901; Mooff v. Farley, 79 Ala. The evidence justified the finding of the chancellor that there had been an abandonment. — 15 Ala. 782; 13 Ala. 145.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Simpson

Text extracted by OCR from a scanned original; check the original for exact wording.

SIMPSON, J.

The bill in this case is filed by the appellee, seeking a divorce from the appellant, on the ground of abandonment. The abandonment is denied by the answer, and the evidence fails to show that the respondent abandoned the complainant.

The divorce cannot be decreed on any other grounds than those alleged in the bill, and whatever may have been the cause the evidence tends to show that the complainant abandoned the respondent. Whether he had just cause for abandoning her is not a question to be determined in this case, as a justification for his abandonment of her could not constitute an abandonment by her.

The decree of the court is reversed; and a decree will be here rendered dismissing the bill without prejudice.

Beversed and rendered.

All the Justices concur, save Dowdell, O. J., not sitting.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list