37 Ala. 393 | Ala. | 1861
1. Repeated decisions-have established it as the law of this State, (and the rule is applicable as well to cases which have arisen since, as to those-whifch occurred before the adoption of the Code.) that where a husband abandons bis wife, without just cause; and casts her upon society, destitute of the means of subsistence, a court of chancery, as an original ground of equity, will entertain a bill filed against-him for alimony. Glover v. Glover, 16 Ala. 440 ; Wray v. Wray, 33 Ala. 187; Mims v. Mims, ib. 98. See, also, Prince v. Prince, 1 Rich. Eq. 282, 287 ; Butler v. Butler, 4 Littell, 201; Boggess v. Boggess, 4 Dana, 307 ; Purcell v. Purcell, 4 H. & M. 507. A husband, who makes against his wife a charge of infidelity,-for which there does not appear to be just cause, and, oír that ground., drives her from his' house,-is considered in
2. There is no proof that the complainant had a separate estate. There was, therefore, no necessity for a reference, even if it be conceded that section 1971 of the Code applies to eases-like this, where a divorce is not sought, but only alimony. If the wife has a statutory separate estate, a decree for alimony simply would not deprive the husband of. his right to control such separate estate. There would seem to be no good reason; therefore, why the value of-the statutory separate estate of the wife should'; be considered in fixing the amount of alimony in cases like the present. It is not necessary, however, to decide this question, and we do not do so.
3. Some of the exceptions to the master’s report question the competency of the evidence introduced on the hearing before him. These exceptions, it is clear, were properly overruled ; for the reason, that it does not appear that any objection was- made to the introduction of the evidence at the time it was offered. If either party desires to object to the evidence introduced on the hearing before the register, or is dissatisfied with the ruling of the register as to its admissibility, objection must be made, and exception taken, before the register, and the question reserved for the revision of the chancellor. — Code, § 2.937 ; Taylor v. Kilgore, 33 Ala. 222.
4. In reference to the exceptions which assail the conclusions of the register as to what would be suitable allowances for alimony and counsel fees, as not authorized by the evidence, it is to be observed, that the decree of reference did not direct, nor does it appear that either of the parties applied to the register, to report the evidence to the chan--aellor. The rule 'is said to be, not to report testimony
Decree affirmed.