Brindley v. Brindley

• Decision Date: 26 May 1897
• Citation: 22 So. 448,115 Ala. 474
• Parties: BRINDLEY v. BRINDLEY. [1]
• Court: Alabama Supreme Court

22 So. 448

115 Ala. 474

BRINDLEY v. BRINDLEY. ^[1]

Supreme Court of Alabama

May 26, 1897

Appeal from chancery court, Cullman county; William H. Simpson Chancellor.

Annie Brindley filed a bill against B. P. Brindley for maintenance. From the order of the court below granting her temporary alimony and attorney's fees, defendant appeals. Affirmed.

J. B Brown and W. T. L. Cofer, for appellant.

Arthur L. Brown and S. L. Fuller, for appellee.

COLEMAN J.

The appellee, Annie Brindley, filed the present bill against her husband, the purpose of which was not to obtain a divorce but maintenance. After the filing of the bill, and the respondent had been brought into court, she petitioned the court for temporary alimony and a reasonable allowance for counsel fees. The court ordered the register to hold a reference, and report what would be a reasonable amount pendente lite. The respondent was duly notified of the time and place of executing the reference, and appeared. The register reported that $6 per month for maintenance, and $25 for counsel fees, would be reasonable. This report was confirmed by the court. The present appeal is prosecuted from the decretal order of the court to the register, from the report of the register and the decree of confirmation.

That the wife is entitled to the relief prayed for in the bill and to temporary alimony and reasonable counsel fees pendente lite, upon proper averments and proof, is not an open question in this court. Glover v. Glover, 16 Ala 440; Murray v. Murray, 84 Ala. 363, 4 So. 239; Rast v. Rast (Ala.) 21 So. 34; McFarland v. McFarland, 64 Miss. 449, 1 So. 508; Johnson v. Johnson, 125 Ill. 510, 16 N.E. 891. The bill charges abandonment by the husband, "and at a time when she was sick, and in a helpless condition, took her in his buggy to her father's house, and left her, and has not been to see her or paid any attention to her since." The bill further charges that respondent "has accused her of adultery, and made base and vile charges against her, without the shadow of a foundation for them," and has attempted to induce witnesses to testify that she had been guilty of such misconduct. We have no hesitation in declaring that the averments of the bill are sufficient, and, if sustained by the evidence, entitle her to relief. We have examined the evidence taken before the register, and are reasonably satisfied that the allowance made is not excessive. The...