Legal Opinion · Dissent

Ex Parte Weissinger

Supreme Court of Alabama

Decided March 8, 1945No. 2 Div. 209Published

1DissentFoster, Justice

“If the husband, at the time of the marriage, has merely a temporary abode in the county where they live, being a resident and qualified voter of another county, and husband and wife establish no family residence facto et animo prior to the date of the election, the wife would still be a legal voter in her home town.” This was spoken in Wilkerson v. Lee, 236 Ala. 104, 181 So. 296, 298. 'Her home town would then be fixed as her residence for all purposes until another is acquired.

In this case the defendant must plead and prove facts which constitute good matter in abatement. He does not allege…

2Cases cited7 opinions

  1. Pucket v. PucketSupreme Court of Alabama · 1911
  2. Koonce v. ArnoldSupreme Court of Alabama · 1943
  3. Rowe v. Bonneau-Jeter Hardware Co.Supreme Court of Alabama · 1943
  4. Ex Parte HaleSupreme Court of Alabama · 1944
  5. Woodward Iron Co. v. DeanSupreme Court of Alabama · 1928

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