Banks v. Banks, 20368

CourtMississippi Supreme Court
Writing for the CourtETHRIDGE, J.
Citation118 Miss. 783,79 So. 841
PartiesBANKS v. BANKS
Docket Number20368
Decision Date25 November 1918

79 So. 841

118 Miss. 783

BANKS
v.
BANKS

No. 20368

Supreme Court of Mississippi

November 25, 1918


Division B

APPEAL from the chancery court of Bolivar county, HON. JOE MAY, Chancellor.

Bill by Charles Banks against T. O. Banks, in which defendant made her answer a cross-bill, asking for alimony but not demanding a divorce for herself. From a decree denying divorce to complainant, awarding alimony to defendant, and setting apart complainant's residence to defendant, complainant appeals.

The facts are fully stated in the opinion of the court.

Judgment reversed, and cause remanded.

OPINION

[118 Miss. 784] ETHRIDGE, J.

Charles Banks filed a bill against T. O. Banks for divorce in the chancery court of Bolivar county, Second district, alleging that they were married in 1892, but [118 Miss. 785] that their relations throughout were unpleasant and his wife was of disagreeable disposition, and that in the year 1914 she assaulted him with a butcher knife in their home, and as a result he could not stay at his home, living with defendant; that he resided at another place in the same town for about two years after this time, and that his wife again assaulted him, striking him with an inkstand, almost severing his ear from his head, and drew a knife on him, and frequently abused him with cursing and other offensive language; and prays for a divorce from the bonds of matrimony. T. O. Banks filed an answer, denying the allegations of the bill and recriminating, charging that Charles Banks had himself violated the marriage contract by having improper and adultrous relations with a woman named Lea; the charge being in this language:

"Respondent would show: That for a long time prior to the 20th day of November, 1916, the said complainant had been guilty of improper relations with Lelia Lea, a woman who had formerly been married and lived at Mount Bayou, but who had for some time prior to the 20th day of November, 1916, been separated from her husband and was living at No. 740 on Walker avenue, in the city of Memphis, Tenn., that complainant habitually visited her there, and contributed to her a large part, if not all, of the money which she had for her support, and at said place in the city of Memphis was habitually guilty of adultery with the said Lea; and that such conduct was engaged in by complainant for some time prior to the 20th day of November, and has been from that time to the time of the filing of this answer.

"That complainant had been guilty of many other offenses similar to those hereinabove referred to, and that the cause of the complaints made by this respondent were the doing of the things just above mentioned."

The respondent made her answer a cross-bill, asking for alimony,...

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3 practice notes
  • Claxton v. Fidelity & Guaranty Fire Corporation, 32675
    • United States
    • United States State Supreme Court of Mississippi
    • June 14, 1937
    ...133 Miss. 570, 98 So. 101; 20 A. L. R. 1164; Strauss v. Ins. Co., 102 So. 861; Garnier v. Aetna Ins. Co., 159 So. 705; Banks v. Banks, 79 So. 841; Aetna Ins. Co. v. Robertson, 94 So. 7. In the case of Jensen v. Palatine Insurance Company, 81 Neb. 523, and Dogge v. Insurance Co., 49 Wis. 501......
  • Mangum v. Reid, 22665
    • United States
    • Mississippi Supreme Court
    • March 29, 1937
    ...case making circumstantial evidence insufficient unless it excludes every other hypothesis is error. Again in the case of Banks v. Banks, 118 Miss. 783, 79 So. 841, this Honorable Court held that acts may be established by circumstances as long as the circumstances are within the personal k......
  • Oberlin v. Oberlin, 36323.
    • United States
    • Mississippi Supreme Court
    • February 10, 1947
    ...a mote in the eye of his spouse must beware lest there appear a disfiguring beam in his own. His own hands must be clean. Banks v. Banks, 118 Miss. 783, 79 So. 841; Dunn v. Dunn, supra; Joy v. Miles, 190 Miss. 255, 199 So. 771; Chavez v. Chavez, 39 N.M. 480, 50 P.2d 264, annotated in 101 A.......
27 cases
  • Brooks v. Brooks, No. 92-CA-01197-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • March 30, 1995
    ...the facts charged, and be inconsistent with a reasonable theory of innocence. Owen, 422 So.2d at 287, citing and quoting Banks v. Banks, 118 Miss. 783, 79 So. 841 Dillon v. Dillon, 498 So.2d 328, 330 (Miss.1986) (emphasis added). In his "JUDGMENT OF DIVORCE," the chancellor erroneously eval......
  • Claxton v. Fidelity & Guaranty Fire Corporation, 32675
    • United States
    • United States State Supreme Court of Mississippi
    • June 14, 1937
    ...133 Miss. 570, 98 So. 101; 20 A. L. R. 1164; Strauss v. Ins. Co., 102 So. 861; Garnier v. Aetna Ins. Co., 159 So. 705; Banks v. Banks, 79 So. 841; Aetna Ins. Co. v. Robertson, 94 So. 7. In the case of Jensen v. Palatine Insurance Company, 81 Neb. 523, and Dogge v. Insurance Co., 49 Wis. 501......
  • Aetna Ins. Co. v. Robertson, 22671
    • United States
    • United States State Supreme Court of Mississippi
    • November 13, 1922
    ...(N. S.) 901, 33 Sup. Ct. Rep. 277, and cases cited; Interstate Amusement Company v. Albert, 239 U.S. 360, 60 L. Ed. 439; Bank v. Banks, 118 Miss. 783. (D) The appellants are not guilty merely for the purchase and use of the rates of the rating company. Traux v. Raich, 209 U.S. 33, 60 L. Ed.......
  • Mangum v. Reid, 22665
    • United States
    • Mississippi Supreme Court
    • March 29, 1937
    ...case making circumstantial evidence insufficient unless it excludes every other hypothesis is error. Again in the case of Banks v. Banks, 118 Miss. 783, 79 So. 841, this Honorable Court held that acts may be established by circumstances as long as the circumstances are within the personal k......
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