Hawkins v. Hawkins

• Decision Date: 10 January 1905
• Citation: 142 Ala. 571,38 So. 640
• Parties: HAWKINS v. HAWKINS.
• Court: Alabama Supreme Court

38 So. 640

142 Ala. 571

HAWKINS v. HAWKINS.

Supreme Court of Alabama

January 10, 1905

Appeal from City Court of Anniston, Calhoun County; Thos. W Coleman, Jr., Judge.

Bill by Milton Hawkins against Bella Hawkins. From a decree overruling a motion to dismiss the bill, and demurrers thereto, defendant appeals. Affirmed.

The averments of the bill in this case are sufficiently set forth in the opinion. The prayer of the bill was that upon final hearing the alleged pretended marriage between the complainant and the respondent be declared null and void, and that the complainant be allowed to marry, if he so desired. The respondent moved to dismiss the bill upon the following grounds: (1) That said bill is without equity; (2) that the allegations of fact contained in said bill do not constitute any equitable ground for the severance of the marriage bonds between complainant and respondent. Respondent also demurred to the bill upon several grounds, which may be summarized as follows: (1) The facts averred in the bill do not show any legal duress sufficient to authorize the court to maintain the present bill; (2) the complainant, having married the defendant as a means whereby to procure his release from prosecution on the charge of seduction, thereby estopped himself from coming into the court of equity to have said marriage annulled; (3) the facts averred in said bill constitute no sufficient ground of legal duress, and fail to show whereby the complainant was in any wise forced to enter into said marriage; (4) the facts averred in the bill show that the marriage license issued to complainant and defendant was issued in a legal and lawful manner. On the submission of the cause upon the motion to dismiss the bill and upon the demurrers, the chancellor rendered a decree overruling said motion and the demurrers. From this decree the respondent appeals, and assigns the rendition thereof as error.

Blackmon & Greene, for appellant.

Tate &amp Walker, for appellee.

McCLELLAN C.J.

Bill filed by Milton Hawkins against Bella Hawkins. Its averments present this case: Milton was under arrest and about to be tried preliminarily on the charge of having seduced Bella. He was innocent of the charge. He was young, a mere boy, and inexperienced. It was proposed to him to dismiss the prosecution and set him at liberty if he would marry the girl. He was advised by the magistrate before whom he had been brought, and his trial was to be had, that it would be best for him to do this. Thus environed and pressed and advised, he consented to marry. Thereupon a ceremony of marriage was performed between him and the girl by said magistrate. This ceremony was had under the supposed authorization of a paper in form a marriage license, but which had no legal status as such; having been in part issued by the magistrate himself, by...