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Cobb v. Cobb

Citations

  • 82 Fla. 287
  • 89 So. 869

Syllabus

<p>1. Where in a chancery cause a demurrer to a bill is interposed but not formally disposed of, and the parties by agreement proceed to take testimony before a special master and after-wards submit the cause to the chancellor upon its merits, who renders a decree or makes a decretal order therein, the demurrer will be treated as having been overruled.</p> <p>2. Under the provisions of Section 3197 Revised General Statutes of Florida, 1920, a married woman although not a resident of this State, may maintain a suit against her husband, a resident of this State, for maintenance or contribution, unconnected with cause of divorce.</p> <p>3. In a suit by a married woman against her husband for maintenance or contribution under the provisions of Section 3197 Revised General Statutes of Florida, 1920, the court has power to require the husband to provide temporary alimony and suit money for his wife.</p> <p>4. Tty-e Chancellor’s finding on the facts will be accorded the same yeigbt as the verdict of a jury,, and a decree solely on ■questions of fact will not be disturbed unless the evidence clearly shows that it was erroneous.</p> <p>5. In a suit by a married woman for maintenance and contribution, it is not necessary for the complainant to make such a case as would entitle her to divorce from her husband under the statutory provisions of the State in order to obtain the relief sought.</p>

Judges: Browne, Ellis, Taylor, West, Whitfield

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