Opinion

Ex Parte Alabama Textile Products Corporation

  • 242 Ala. 609
  • 7 So. 2d 303
  • 141 A.L.R. 87
  • 1942 Ala. LEXIS 112
Court
Supreme Court of Alabama
Filed
Mar 12, 1942
Status
Published
Author
Brown
On the bench
Foster, Gardner, Thomas, Livingston, Bouldin, Brown, Pearson, Ala, Tribunal
Cited by
50 cases

“[Tjhis Court can only act within the jurisdiction conferred by law, and this cannot be enlarged by waiver or the consent of the parties.”

How later courts described this case

  • “[Tjhis Court can only act within the jurisdiction conferred by law, and this cannot be enlarged by waiver or the consent of the parties.”
  • “The law ... confers on circuit courts the authority to exercise general superintendence over all inferior jurisdictions.”

Written by the judges who cited it.

The opinion

BROWN, Justice

(dissenting).

The holding of the majority that the act of the claimant in leaving her employment in Andalusia and moving to New York to join her husband at the newly selected domicile was the voluntary abandonment of her employment without good cause, is clearly inconsistent with the further holding that the husband has the legal right to select the family domicile. It also ignores the moral influence of the

*619

home and family ties, and strikes at one of our most sacred institutions — the home and family life.

For these reasons I am constrained to dissent from the opinion of the majority. I think the ruling of the Appeals Tribunal and the Board of Appeals should be affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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