Legal Opinion · Dissent

Cleckley v. Cleckley

Supreme Court of Alabama

Decided January 15, 1948No. 5 Div. 435Published

1DissentBrown, Justice

The only question in this case is not one of general jurisdiction of courts of equity to deal with the custody of minors or their welfare, but is purely a question of venue, about which there should be no controversy, as the statute provides, “The bill must be filed in the county in which the defendant, or a material defendant, resides; * * * ” Code of 1940, Tit. 7, § 294.

The question here is presented by demurrer to a petition or supplemental bill filed in the Circuit Court of Chilton County. Therefore, the allegations of the bill must be construed most strongly against the pleader. These…

2Cases cited5 opinions

  1. Martin v. MartinSupreme Court of Alabama · 1911
  2. Bridges v. BridgesSupreme Court of Alabama · 1933
  3. Brown v. JenksSupreme Court of Alabama · 1946
  4. Ex Parte DavisSupreme Court of Alabama · 1947
  5. Barker v. ByarsSupreme Court of Alabama · 1944

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