Brown v. Brown

• Court: Alabama Supreme Court
• Writing for the Court: SAYRE, J.
• Citation: Brown v. Brown, 178 Ala. 121, 59 So. 48 (Ala. 1912)
• Decision Date: 30 May 1912
• Parties: BROWN v. BROWN.

59 So. 48

178 Ala. 121

BROWN v. BROWN.

Supreme Court of Alabama

May 30, 1912

Appeal from City Court of Birmingham; H. A. Sharpe, Judge.

Suit for divorce by C. H. Brown against Flora Langford Brown. From a decree dismissing the bill, complainant appeals. Affirmed.

A. G. &amp E. D. Smith, W. J. Conniff, Allen & Bell, and W. H. Sadler all of Birmingham, for appellant.

Harsh Beddow & Fitts, of Birmingham, for appellee.

SAYRE J.

This was a bill for divorce by the husband against the wife; the ground assigned being that the defendant had voluntarily abandoned the complainant. Pendente lite the chancellor, on defendant's petition, made an order of reference for the ascertainment of proper alimony and compensation for defendant's counsel. On consideration of the register's report, the chancellor disallowed the claim for temporary alimony, and reduced the allowance for the employment of counsel in defense of the suit to $50. We fail to find in the record any reason why the interlocutory decree was unfair to the appellant, or in any respect erroneous. Bulke v. Bulke, 55 So. 490.

On final submission on pleading and proof, the chancellor dismissed complainant's bill. It is not necessary to say much in justification of the decree. Complainant, about 20 years of age at the time, and defendant, about 16 intermarried and lived together a little more than two months. Complainant took his wife to live with his father and mother. The mother, without just reason, so far as the record shows, gave the young wife her unqualified disapproval, and treated her with habitual and unconcealed contempt. The family seem to have been reasonably well-to-do, and it must be presumed understood the proprieties of life; but the apartment to which the young couple were assigned was, after a few...