Holcombe v. Whitaker

294 Ala. 430 (1975)

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Holcombe v. Whitaker

Alabama Supreme Court
294 Ala. 430 (1975)

Facts

Joan Whitaker (plaintiff) had begun dating M. C. Holcombe, Jr. (defendant) believing he was divorced from his ex-wife. Whitaker and Holcombe eventually married. A month later, Holcombe began dating his ex-girlfriend. When Whitaker voiced her objection to Holcombe’s relationship, Holcombe informed Whitaker that he was still married to his ex-wife. Whitaker asked Holcombe to annul Whitaker and Holcombe’s marriage or to divorce his ex-wife and make Whitaker and Holcombe’s marriage legal. Holcombe and Whitaker’s relationship deteriorated, and Whitaker continued to ask Holcombe for an annulment. Whitaker contended that during one conversation in which she requested an annulment, Holcombe stated that he would kill Whitaker if she took him to court. Whitaker alleged that she began receiving harassing phone calls from Holcombe. Whitaker filed suit against Holcombe for assault, among other claims. After Whitaker filed the suit, Holcombe came to her apartment, banged on her door, tried to open the door, and again threatened to kill Whitaker if she sued him. Upon the verdict of the jury, the trial court entered judgment for Whitaker. Holcombe appealed to the Alabama Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Shores, J.)

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