Morrison v. Morrison
| Decision Date | 25 February 1892 |
| Parties | MORRISON v. MORRISON. |
| Court | Alabama Supreme Court |
Appeal from chancery court, Bibb county; W. H. TAYLOE, Chancellor.
Suit for divorce by David L. Morrison against Maggie Morrison. The bill was dismissed, and plaintiff appeals. Reversed and rendered.
Logan Hargrove & Vande Graaff, for appellant.
Peters, Wilson & Lyman, for appellee.
The complainant filed his bill against his wife, the respondent praying that the bonds of matrimony be canceled and annulled and that he be divorced. The bill charges adultery with one Robert Brewer. The respondent answered, denying the charge of adultery, and by cross-bill asked to be divorced from her husband, the complainant in the original bill. At the hearing the court refused relief to either, and dismissed both the original and cross bill. The complainant in the original bill appeals. We agree with the chancellor that there is no proof to sustain the cross-bill, and that it was properly dismissed. In regard to the original bill, the learned chancellor seems to have considered only the evidence of the husband, the plaintiff, and of the wife, the defendant, and Robert Brewer, the party with whom, as alleged in the bill the adultery was committed. That there was a difficulty between husband and wife, growing out of the fact that the husband accused her and Brewer of being too intimate, is not controverted, and separation of the husband and wife followed. That the wife left, and for a while lived at Henry Carroll's, are undisputed facts. Both Henry Carroll and his wife testified that Robert Brewer visited her at their house; that he was seen to kiss her, and said he could kiss and hug her now as much as he pleased; and on two different nights he went into her room, closed the door, and remained in there with her alone, one night until after 11 o'clock, and the other night they did not know when he left her room. Robert Brewer was notified by the owner of the house not to repeat his visits; and in response to this notice the defendant stated that when she "got a house of her own she would do as she pleased, and that she would not go back on Robert Brewer." The criminating facts here testified to are not denied or questioned either by the defendant herself or Robert Brewer, further than may be included in their general denial of having had illicit intercourse. The evidence by a number of witnesses, and which is...
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