Farrell v. Farrell

• Decision Date: 06 April 1916
• Docket Number: 8 Div. 881
• Parties: FARRELL v. FARRELL.
• Court: Alabama Supreme Court

71 So. 661

196 Ala. 167

FARRELL v. FARRELL.

8 Div. 881

Supreme Court of Alabama

April 6, 1916

Appeal from Chancery Court, Madison County; James E. Horton, Jr. Chancellor.

Suit for divorce by Jesse R. Farrell against Lucy Farrell. From a decree for defendant on her cross-bill, plaintiff appeals. Affirmed.

Douglass Taylor and Clarence L. Watts, both of Huntsville, for appellant.

Betts &amp Betts, of Huntsville, for appellee.

GARDNER J.

Appellant filed the original bill in this cause, seeking a decree of divorce from bed and board because of cruelty on the part of his wife, as authorized by Code, § 3809. Appellee made her answer a cross-bill and sought an absolute divorce from the bonds of matrimony on the ground of cruelty. Upon submission of the cause for final decree, the chancellor dismissed the complainant's bill and granted the relief prayed in the cross-bill, thus divorcing the parties absolutely, and awarded to the wife the sum of $1,200 as permanent alimony and $100 as her attorney's fee, the amount agreed upon by counsel. In his opinion, which accompanies the decree, the chancellor discusses the evidence in the case, and concludes that:

"While the wife may not be entirely free from fault, a consideration of the situation of the parties, the delicate condition of the wife, the health and strength of the husband, and of the acts and conduct of the husband and his children toward his wife, inclines the court to the opinion that the charges of cruelty against the husband by the wife have been made out and that she should be granted relief notwithstanding her own derelictions."

Appellant was a widower 48 years of age at the time of this marriage the father of six children, five of whom resided with him; and appellee was a widow 31 years of age, the mother of two small children. The record is convincing that it was an ill-starred match. The parties were married in June, 1914, and the original bill in this cause was filed in August, 1915. It would serve no useful purpose to discuss this rather voluminous record, and thus place in permanent form the details of this unfortunate family relation. Suffice it to say the evidence has been given careful consideration, and we are persuaded that the chancellor reached the correct conclusion as summarized in the above-quoted statement from his opinion.

The question of alimony has also been carefully considered, and due consideration given to the fact that from the evidence we find the wife...