Cross v. Cross

Decided April 26, 1917

Supreme Court of Alabama · decided 1917-04-26

H. Benners, Chancellor. Bill by Mrs. Nora Cross against R. B. Cross. Prom a decree overruling a demurrer to the bill, respondent appeals. Appellee filed this bill against the appellant, seeking alimony without divorce.

Relies on Brady v. Brady · Spafford v. Spafford · Murray v. Murray

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1917-04-26

How this case has been cited

Cited by 10 later decisions — most recently May 1971

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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GARDNER, J.

¶1 Suit by the wife against the husband for alimony alone. The substance of the bill is set out in the foregoing statement of the case, and need not be here repeated. It is quite clear from an unbroken line of authorities in this state that the bill' has equity. Spafford v. Spafford, 74 South. 354 ; 1 Johnson v. Johnson, 195 Ala. 641, 71 South. 415; Clisby v. Clisby, 160 Ala. 572, 49 South. 445, 135 Am. St. Rep. 110; Murray v. Murray, 84 Ala. 363, 4 South. 239; Brady v. Brady, 144 Ala. 414, 39 South. 237; Glover v. Glover, 16 Ala. 440.

¶2 The assignments of demurrer also appear in the statement of the case, and we think it clearly appears that the bill was not subject to any of the assignments interposed. It results that the decree of the court below overruling the demurrer will be affirmed.

¶3 Affirmed.

ANDERSON, O. J., and McCLBLLAN and SAYRE, JJ., concur.

¶4199 Ala. 300.