DuBoise v. DuBoise

153 So.2d 778 (1963)

Jerry DuBOISE

v.

Inez DuBOISE

1 Div. 75.

Supreme Court of Alabama.

May 16, 1963.

Thos. F. Sweeney, Mobile, for appellant.

M. A. Marsal, Mobile, for appellee.

This is an appeal, with prayer in the alternative for mandamus, or other appropriate writ, if appeal does not lie, from an order or decree of the circuit court, in equity, whereby the court, ex mero motu undertook to amend a prior decree which the court had rendered almost two years earlier in a divorce suit.

The husband was respondent in the divorce suit and is now appellant and petitioner in the instant case.

In August, 1958,…