TaiLexi AI U.S. Case Law

Hopson v. Hopson

Hopson v. Hopson.

Hopson v. Hopson, 57 So. 2d 505 (Ala. 1952)
Download
Format
Include

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

Court
Supreme Court of Alabama · State Highest Courts
Decided
March 13, 1952
Docket
No. 6 Div. 356
Judges
Stakely
Citations
57 So. 2d 505257 Ala. 1401952 Ala. LEXIS 162

Opinion of the Court — Stakely

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

STAKELY, Justice.

This is an appeal from a decree of the •equity court overruling the demurrer to a 'bill seeking a divorce from the bonds of matrimony. The complainant Onus Hop-son (appellee) is a person of unsound mind .and sues by his legal guardian L. P. Waid, Jr. The respondent is his wife Lula Jane Hopson (appellant) and the basis of the action is her voluntary abandonment of the bed and board of the complainant.

The demurrer attacks the bill on the theory that the right to maintain the suit is of such a strictly personal nature that it must of necessity remain personal to the spouse aggrieved by the acts and conduct of the other and, therefore, the suit cannot be maintained because there can be no voluntary assent to the proceeding by a person of unsound mind.

The exact question was passed on by this court in the case of Campbell v. Campbell, 242 Ala. 141 , 5 So.2d 401 . Upon a careful consideration we are not willing to depart from the holding of that case.

It results that the decree of the lower • court must be affirmed.

Affirmed.

All the Justices concur.

How later courts describe this case

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

1955: 11998: 12011: 119552026peak 1955 · 1

Relies on it most ⓘ

  1. Turner v. Bell279 S.W.2d 71 (Tenn. 1955)
  2. In re Marriage of Burgess707 N.E.2d 125 (Ill. App. Ct. 1998)
  3. Luster v. Luster17 A.3d 1068 (Conn. App. Ct. 2011)

Most recent

  1. Luster v. Luster17 A.3d 1068 (Conn. App. Ct. 2011)
  2. In re Marriage of Burgess707 N.E.2d 125 (Ill. App. Ct. 1998)
  3. Turner v. Bell279 S.W.2d 71 (Tenn. 1955)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Campbell v. Campbell, 5 So. 2d 401 (Ala. 1941) 17

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