82 So. 2d 333 | Ala. | 1955
The original bill sought a divorce on the grounds of adultery, custody of the child of the marriage, support and alimony monies, and solicitor's fees. After most of complainant's evidence had been offered ore tenus before the trial court, the bill was amended so as to strike the charge of adultery and in lieu thereof alleged abandonment. The prayer as finally amended sought separate maintenance and support monies, custody of the child and solicitor's fees.
To analyze all of the testimony adduced on the trial would serve no useful purpose, Tit. 13, § 66, Code of 1940; First Nat. Bank of Opp v. Wise,
An allowance for separate maintenance without divorce is in the sound discretion of the court exercising equity jurisdiction. Murray v. Murray,
The testimony concerning solicitor's fees for representing the wife in this litigation is clearly sufficient to support the trial court's finding in that regard.
The testimony in this case was taken ore tenus before the trial court, who heard the witnesses, observed their demeanor on the witness stand, and where this is so, we will not disturb his judgment unless it is palpably wrong and unjust. Cobb v. Malone,
We have given careful consideration to all of the evidence in the record and are unable to say that the judgment of the trial court is palpably wrong.
Affirmed.
SIMPSON, GOODWYN and MERRILL, JJ., concur.
*369