Adkison v. Adkison

McCALL, Justice.

We granted a Writ of Certiorari in this case in order to review the decision of the Court of Civil Appeals on a material question of first impression in this state. Act No. 987, Acts of Alabama, 1969 Special and Regular Session, p. 1744. This question involves the mother’s challenging, in a declaratory judgment suit, the statutory priority of the father, who was divorced by her on the ground of voluntary abandonment, to maintain an action to recover damages for the wrongful death of their minor son. The Court of Civil Appeals reached the conclusion and held that the petitioner…