History
  • No items yet
midpage
Newhouse v. Miles
9 Ala. 460
Ala.
1846
Check Treatment
GOLDTHWAITE, J.

If it is conceded the husband, in the circumstances of this case, is not a proper party complainant, yet the objection taken for the first time, at the hearing, is too late, and will be disregarded if it does not materially affect the propriety of the decree. [Story’s Eq. Pl. 417, § 544; Watertown v. Cowen, 4 Paige, 510; Erwin v. Ferguson, 5 Ala. Rep. 158.] The objection might possibly have been of some weight, if the decree had admitted the husband as a party in interest, so as to have given him the control of the fund; but instead of that, it directs the money, when *462received, to be paid over to the trustee of the wife, to her sole and separate use. A result precisely as it should be, if the husband was altogether omitted, or made a party defendant.

Decree affirmed.

Case Details

Case Name: Newhouse v. Miles
Court Name: Supreme Court of Alabama
Date Published: Jan 15, 1846
Citation: 9 Ala. 460
Court Abbreviation: Ala.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.