Thames v. Thames, No. 40656

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtMcGEHEE
Citation100 So.2d 868,233 Miss. 24
Docket NumberNo. 40656
Decision Date10 March 1958
PartiesMrs. Lyvell THAMES v. Doyle THAMES.

Page 868

100 So.2d 868
233 Miss. 24
Mrs. Lyvell THAMES
v.
Doyle THAMES.
No. 40656.
Supreme Court of Mississippi.
March 10, 1958.

[233 Miss. 25] John E. Mulhearn, Natchez, for appellant.

[233 Miss. 26] Emmette P. Allen, Brookhaven, for appellee.

McGEHEE, Chief Justice.

This suit involves the tragic consequences of a broken home where both the right to a

Page 869

divorce and the custody of two little girls are at issue between their natural parents. The father and mother were married on May 21, 1949, at Natchez, Mississippi, where they continued to live. On May 19, 1951, one of the little girls, Dana Jean Thames, was born, and on March 16, 1954, the other, Peggy Joan Thames, was born, both having been born of the said marriage.

Prior to June 1956, the appellant, Mrs. Lyvell Thames, sued the appellee, Doyle Thames, for a divorce on the ground of 'habitual cruel and inhuman treatment.' Section 2735, Sub-Section 7, Code of 1942. The suit was returnable to the June 1956 term of the Chancery Court of Adams County. After the defendant in that suit filed an answer and cross bill, the parties effected a reconciliation and resumed their marital relationship on August [233 Miss. 27] 29, 1956. But on October 17, 1956, the parties again became separated, and with the result that Mrs. Thames filed another suit, alleging 'habitual cruel and inhuman treatment', and asking for support for herself and children as alimony pendente lite and permanent alimony, and also asking for the allowance of an attorney's fee. A temporary order was entered requiring the husband to pay alimony pendente lite for the support of the two children in the amount of $25 monthly, and to pay the complainant's attorney the sum of $50 as a reasonable attorney's fee for the pendente lite hearing.

The defendant Doyle Thames in his answer denied that he had been guilty of the habitually cruel and inhuman treatment complained of, and denied that the complainant was entitled to any permanent alimony for either the support of herself or the children, and denied that she was entitled to the allowance of a reasonable attorney's fee for prosecuting the suit on its merits. He then made his answer a cross bill and sought a divorce for himself on the ground that after he and his wife resumed their marital relation on August 29, 1956, she continued to come in late at night with the smell of beer on her breath; that she danced with one Mr. Heygood at a place where beer was sold in Pike County, and where she admitted having drunk two cans of beer on that occasion, which was the evening of the celebration of their reconciliation, and the appellee likewise admitted having drunk two cans of beer on the same occasion.

Prior to their first separation, there was considerable community gossip about a nearby neighbor being seen at the home of the appellant at times when her husband was away working at the International Paper Mills at Natchez, and there was testimony that the appellant had been seen to go to the home of this neighbor while his wife was away at work. No witness gave any direct testimony of any immoral conduct on the part of Mrs. Thames. Moreover, her alleged wrongful association [233 Miss. 28] with this neighbor or any other man was all condoned by the reconciliation which occurred on August 29, 1956. They lived together from that date until they finally separated on October 17, 1956, as aforesaid. During that interval she became pregnant and this child was due to have been born in July 1957, following the hearing on her second bill for divorce in February 1957.

The visiting neighbor above referred to was never seen at the home of the appellant except on one occasion after the reconciliation, when he and his wife were invited to go home with the appellant and the appellee for coffee from the church. The appellee did testify that on one occasion in Pike County where several persons were gathered, drinking beer and dancing, he saw his wife and Mr. Heygood leave together, and said 'I followed them up the other side of Magnolia and they switched off on a side road and got away.' 'Q. Who switched...

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8 practice notes
  • Gerty v. Gerty, NO. 2017-CP-00828-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 13 Diciembre 2018
    ...is the forgiveness of a marital wrong on the part of the wronged party. Condonation may be expressed or implied. Thames v. Thames , 233 Miss. 24, 29, 100 So.2d 868, 870 (1958) ; Armstrong v. Armstrong , 32 Miss. 279, 283 (1856) and Scott v. Scott , 219 Miss. 614, 629, 69 So.2d 489, 494 (195......
  • Mercier v. Mercier, No. 96-CA-00564-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 23 Julio 1998
    ...Brown v. Brown, 237 Miss. 53, 112 So.2d 556 (1959) (custody of four and onehalf year old female granted to mother); Thames v. Thames, 233 Miss. 24, 100 So.2d 868 (1958); Scott v. Scott, 219 Miss. 614, 631, 69 So.2d Page 307 489 (1954) (custody of female five year old granted to mother); Ken......
  • Wood v. Wood, No. 56464
    • United States
    • Mississippi Supreme Court
    • 1 Octubre 1986
    ...is the forgiveness of a marital wrong on the part of the wronged party. Condonation may be expressed or implied. Thames v. Thames, 233 Miss. 24, 29, 100 So.2d 868, 870 (1958); Armstrong v. Armstrong, 32 Miss. 279, 283 (1856) and Scott v. Scott, 219 Miss. 614, 629, 69 So.2d 489, 494 The mere......
  • Cheatham v. Cheatham, No. 57821
    • United States
    • United States State Supreme Court of Mississippi
    • 21 Diciembre 1988
    ...of the offending spouse. Gregory argues on the authority of Stribling v. Stribling, 215 So.2d 869 (Miss.1968), and Thames v. Thames, 233 Miss. 24, 100 So.2d 868 (Miss.1958), resumption of cohabitation alone condones the marital In Stribling this Court did state, "Nevertheless, the misconduc......
  • Request a trial to view additional results
8 cases
  • Gerty v. Gerty, NO. 2017-CP-00828-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 13 Diciembre 2018
    ...is the forgiveness of a marital wrong on the part of the wronged party. Condonation may be expressed or implied. Thames v. Thames , 233 Miss. 24, 29, 100 So.2d 868, 870 (1958) ; Armstrong v. Armstrong , 32 Miss. 279, 283 (1856) and Scott v. Scott , 219 Miss. 614, 629, 69 So.2d 489, 494 (195......
  • Mercier v. Mercier, No. 96-CA-00564-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 23 Julio 1998
    ...Brown v. Brown, 237 Miss. 53, 112 So.2d 556 (1959) (custody of four and onehalf year old female granted to mother); Thames v. Thames, 233 Miss. 24, 100 So.2d 868 (1958); Scott v. Scott, 219 Miss. 614, 631, 69 So.2d Page 307 489 (1954) (custody of female five year old granted to mother); Ken......
  • Wood v. Wood, No. 56464
    • United States
    • Mississippi Supreme Court
    • 1 Octubre 1986
    ...is the forgiveness of a marital wrong on the part of the wronged party. Condonation may be expressed or implied. Thames v. Thames, 233 Miss. 24, 29, 100 So.2d 868, 870 (1958); Armstrong v. Armstrong, 32 Miss. 279, 283 (1856) and Scott v. Scott, 219 Miss. 614, 629, 69 So.2d 489, 494 The mere......
  • Cheatham v. Cheatham, No. 57821
    • United States
    • United States State Supreme Court of Mississippi
    • 21 Diciembre 1988
    ...of the offending spouse. Gregory argues on the authority of Stribling v. Stribling, 215 So.2d 869 (Miss.1968), and Thames v. Thames, 233 Miss. 24, 100 So.2d 868 (Miss.1958), resumption of cohabitation alone condones the marital In Stribling this Court did state, "Nevertheless, the misconduc......
  • Request a trial to view additional results

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