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122 Ala. 667

Simon v. Simon

Supreme Court of Alabama

Decided November 15, 1898

Supreme Court of Alabama · decided 1898-11-15

<p>Appeal from Hale Chancery Court.</p> <p>Heard before the Hon. Thos. H. Smith.</p>

Cited by 1 later decisions — most recently November 1900

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

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¶1*668Opinion by

Dowdell, J.

¶2*667The bill in this case was filed by the appellee, Aaron Simon, against the appellant, Adelheid Simon, his wife, asking for a divorce, on the ground of voluntary abandonment. The respondent filed an answer, in which she admitted the voluntary abandonment, but set up adul*668tery on the part of the husband, and prayed that her answer be taken as a cross-bill and that she be granted a divorce. On motion of the complainant, the chancellor rendered a decree dismissing the original bill without prejudice. After the dismissal of the original bill and on the submission of the cross-bill upon the pleadings and proof, the chancellor rendered a decree denying the relief prayed for. From this decree the cross complainant appeals and assigns the rendition thereof as error.

¶3The decree is affirmed.

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