McCammon v. McCammon
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. . ' Bill by Mariah McCammon against Carter McCammon, for divorce and alimony, in which there was decree for complainant on decree pro confesso, after which respondent filed his petition to have the decree set aside and the cause heard on its merits. From a decree denying his petition, he appeals. Tbe court erred in denying tbe petition to reopen and try upon tbe merits.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. . ' Bill by Mariah McCammon against Carter McCammon, for divorce and alimony, in which there was decree for complainant on decree pro confesso, after which respondent filed his petition to have the decree set aside and the cause heard on its merits. From a decree denying his petition, he appeals. Tbe court erred in denying tbe petition to reopen and try upon tbe merits. Acts 1915, p. 604; 201 Ala. 454, 78 South. 832; 63 Ala. 488; 69 Ala. 127; 108 Ala. 307, 19 South. 357; 137 Ala. 166, 33 South. 898; 73 Ala. .85. There is no…
1Opinion of the CourtGardner, J.
Mariah McCammon, on May 6,1919, filed a bill in the circuit court of Mobile county, against her husband, Carter McOammon, seeking divorce on the ground of voluntary abandonment, and also alimony as an incident thereto. The respondent was alleged tó be a nonresident — his address being given as 6014 Douglass street, New Orleans. La. Publication was had, and copy thereof mailed to respondent at the above address, but it does not appear in the record or proof that a copy of the bill was mailed or forwarded as provided by Acts 1915, p. 604, which was enacted for better protection of nonresidents.…
2Cases cited4 opinions
- Sayre v. Elyton Land Co.Supreme Court of Alabama · 1882
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Long v. ClarkSupreme Court of Alabama · 1918
- Buford v. WardSupreme Court of Alabama · 1895
3Cited by3 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
- Parker v. CowanSupreme Court of Alabama · 1925