Legal Opinion

Stephens v. Stephens

Supreme Court of Alabama

Decided December 16, 1948No. 7 Div. 913PublishedCited by 8 opinions

1Opinion of the Court

LIVINGSTON, Justice.

This is a bill in the nature of a bill of review to set aside a decree of the Circuit Court, in Equity, of St. Clair County, dissolving the bonds of matrimony existing between the parties to this cause.

This suit is based on the alleged fraud in the concoction or procurement of the divorce decree, and comes here to review a decree of the trial court overruling a demurrer to the bill of complaint. That ruling is the only issue presented on this appeal.

We have repeatedly held that to support a bill of this nature, it must appear that fraud was practiced in the very act of…

2Cases cited15 opinions

  1. Evans v. WilhiteSupreme Court of Alabama · 1910
  2. Bolden v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1925
  3. Edmondson v. JonesSupreme Court of Alabama · 1920
  4. Cunningham v. WoodSupreme Court of Alabama · 1932
  5. Fife v. Pioneer Lumber Co.Supreme Court of Alabama · 1939

10 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Phillips v. PhillipsCourt of Civil Appeals of Alabama · 1973
  2. Stephens v. StephensSupreme Court of Alabama · 1950
  3. McLaughlin v. McLaughlinCourt of Civil Appeals of Alabama · 1974
  4. Titus v. NieheiserSupreme Court of Alabama · 1959
  5. Boyett's, Inc. v. GrossSupreme Court of Alabama · 1964

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API