Smith v. Smith

GOODWYN, Justice.

This is an appeal by the respondent (wife) from a decree of the circuit court of DeKalb County, in equity, granting complainant (husband) a divorce on the ground that the wife was pregnant at the time of the parties’ marriage, without the knowledge or agency of the husband. Code 1940, Tit. 34, § 21, authorizes a divorce on this ground.

The complaint alleges that “complainant and respondent are over the age of 21 years and are residents of DeKalb County, Alabama”; that they “were lawfully married in Trenton, Georgia, on the 10th day of August, 1957, and lived together until…