Legal Opinion · Dissent

Christopher v. Christopher

Supreme Court of Alabama

Decided October 4, 2013No. 1120387Published

1DissentMurdock, Justice

I find Justice Shaw’s well written dissent highly instructive, and I agree with many aspects of it, both Parts I and II. I am more inclined, however, than is he to consider the term “children of the marriage” to be ambiguous and to use much of the authority and reasoning he employs in the service of construing that language.

That said, in the calculus I would employ, it would not be necessary to decide if those principles and authorities from Justice Shaw’s writing, alone, are enough to justify the interpretation of § 30-3-1, Ala. Code 1975, to which both of us would adhere. At worst, the…

2Cases cited5 opinions

  1. Ex Parte BaylissSupreme Court of Alabama · 1989
  2. Ex Parte BrewingtonSupreme Court of Alabama · 1983
  3. Arnold v. StateSupreme Court of Alabama · 1977
  4. Smith v. SmithMichigan Supreme Court · 1989
  5. Standard Oil Co. v. City of BirminghamSupreme Court of Alabama · 1918

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