White v. White
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Bill by B. S. White against Pauline White, for divorce. From a judgment granting relief, respondent appeals.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Bill by B. S. White against Pauline White, for divorce. From a judgment granting relief, respondent appeals. The allegations of the bill were insufficient, and this was brought to the court’s attention by the sworn plea in abatement. 173 Ala. 106, 55 South. 632; 200 Ala. 489, 76 South. 431; 174 Ala. 315, 56 South. 585; section 3801, Code 1907; 72 Ala. 345. On these authorities the court erred in neglecting to consider the plea.
1Opinion of the CourtSomerville, J.
The bill of complaint was filed in the circuit court of St. Clair county on May 25, 1920, and seeks a divorce on the ground of abandonment. It is alleged that complainant has resided in St. Clair county for more than three years next before the filing of the bill, and that respondent is a resident of Jefferson county. There is no allegation as to the residence of thd parties at the time the separation occurred. Personal service was made on the respondent on June 24, 1920, and a decree pro confesso was entered in the usual form on July 26, 1920, reciting the failure of the respondent to plead,…
2Cases cited4 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Cleveland v. Little Cahaba Coal Co.Supreme Court of Alabama · 1921
- Branch Bank at Mobile v. Rutledge & WattsSupreme Court of Alabama · 1848
- Winkleman v. WhiteSupreme Court of Alabama · 1906
3Cited by16 opinions
- Hammons v. HammonsSupreme Court of Alabama · 1933
- Davidson v. BrownSupreme Court of Alabama · 1926
- Kyser v. American Surety Co.Supreme Court of Alabama · 1925
- Ray v. Social Security BoardDistrict Court, S.D. Alabama · 1947
- Wakefield v. WakefieldSupreme Court of Alabama · 1928
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