Rogers v. Rogers
Supreme Court of Alabama
1Opinion of the CourtBouldin, J.
The suit is for alimony without divorce.
A decree for counsel fees and alimony pendente lite is interlocutory. No statute providing for review by appeal, no such remedy obtains. The remedy is by mandamus. Brady v. Brady, 144 Ala. 414, 39 So. 237; Jackson v. Jackson, 211 Ala. 277, 100 So. 332.
The same rule has been applied to a decree on a motion to modify an allowance to the wife for the maintenance of a child, the decree being left open and cause retained for that purpose. Buttrey v. Buttrey, 214 Ala. 465, 108 So. 35.
In that case alimony to the wife was awarded in a lump sum, witji the…
2Cases cited5 opinions
- Brady v. BradySupreme Court of Alabama · 1905
- Morgan v. MorganSupreme Court of Alabama · 1924
- Buttrey v. ButtreySupreme Court of Alabama · 1926
- Bell v. KingSupreme Court of Alabama · 1924
- Jackson v. JacksonSupreme Court of Alabama · 1924
3Cited by20 opinions
- Sparkman v. SparkmanSupreme Court of Alabama · 1927
- Rowe v. RoweSupreme Court of Alabama · 1951
- DuBoise v. DuBoiseSupreme Court of Alabama · 1963
- Johnson v. GeraldSupreme Court of Alabama · 1927
- Myers v. Fed. Res. Bk. of AtlantaSupreme Court of Florida · 1931
15 more not listed; retrieve them via the Exa API.