Pucket v. Pucket
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court . Heard before Hon. Thomas W. Wert. Bill by Anna Pucket against Leonard R. Packet and others, for divorce and alimony. From a decree for complainant, respondents appeal.
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Appeal from Morgan Law and Equity Court . Heard before Hon. Thomas W. Wert. Bill by Anna Pucket against Leonard R. Packet and others, for divorce and alimony. From a decree for complainant, respondents appeal. The question of jurisdiction was properly raised by demurrer. — Harwell v. Lehman, 72 Ala. 344. Pleadings are construed most strongly against the pleader.- — Tate v. Evans, 54 Ala. 18; Stubbs v. Leavitt, 30 Ala. 352. Giving this construction to the bill the fact that it prays for alimony does not give the court jurisdiction since it appears that the material defendant resided in…
1Opinion of the CourtMayfield, J.
This bill is for divorce and alimony. It was filed in the Morgan county law and equity court. Code, § 3801, provides that “bills for divorce *317may be filed in. the chancery district in which the defendant resides, or in the district in which the parties resided when the separation occurred; if the defendant is a nonresident, then in the district in Avhich the other party to the marriage resides.” Paragraph 2 of the bill, which sets forth the facts as to the residence, and the separation of the parties, states that they lived together as husband and wife in Morgan County, Ala., up to about May,…
2Cases cited5 opinions
- Harwell v. Lehman, Durr & Co.Supreme Court of Alabama · 1882
- Lewis v. ElrodSupreme Court of Alabama · 1861
- Thompson v. StateSupreme Court of Alabama · 1856
- Campbell v. CrawfordSupreme Court of Alabama · 1879
- Street v. SeligSupreme Court of Alabama · 1889
3Cited by28 opinions
- Ex Parte WeissingerSupreme Court of Alabama · 1945
- Morton v. National BankSupreme Court of Alabama · 1954
- Ex Parte MortonSupreme Court of Alabama · 1954
- Hanover Nat. Bank of New York v. ThomasSupreme Court of Alabama · 1928
- Tri-State Corp. v. State Ex Rel. GallionSupreme Court of Alabama · 1961
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