Cooper v. Cooper
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill for divorce and custody of child by D. B. Cooper against Ida Lou Cooper and cross-bill by Ida Lou Cooper. Erom a decree dismissing the original bill and granting relief to respondent on her cross-bill, complainant appeals. Jurisdiction is necessary before a valid decree pro confesso can be entered.
Read the full summary
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill for divorce and custody of child by D. B. Cooper against Ida Lou Cooper and cross-bill by Ida Lou Cooper. Erom a decree dismissing the original bill and granting relief to respondent on her cross-bill, complainant appeals. Jurisdiction is necessary before a valid decree pro confesso can be entered. It cannot be conferred by consent of the parties, or by estoppel, and the want of it may be raised for the first time" on appeal. 21 C. J. 791; Ivarthaus v. Ry. Co., 140 Ala. 433, 37 South. 268; 15 C. J. 802, 840; Woolf v.…
1Opinion of the CourtThomas, J.
[1] In Wright v. Wright, 200 Ala. 489, 76 South. 431, this court declared of the statute (Code 1907, § 3802), that the failure of the hill to show complainant’s residence was -a defect of substance, of jurisdiction, and not of mere form. Martin v. Martin, 173 Ala. 106, 55 South. 632; Smith v. Gibson, 191 Ala. 305, 68 South. 143. Such defect may be sufficiently brought to the court’s attention by the general demurrer. McDuffie v. Lynchburg Shoe Co., 178 Ala. 268, 59 South. 567; Whiteman v. Taber, 203 Ala. 496, 500, 83 South. 595; Seeberg v. Norville, 204 Ala. 20, 85 South. 505; Burgin v. Sugg,…
2Cases cited12 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
- Whiteman v. TaberSupreme Court of Alabama · 1919
- Seeberg v. NorvilleSupreme Court of Alabama · 1920
- Haralson v. WhitcombSupreme Court of Alabama · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Little v. LittleSupreme Court of Alabama · 1947
- Gee v. GeeSupreme Court of Alabama · 1949
- Bell v. BellSupreme Court of Alabama · 1944
- Agee v. Agees's Cash Store No. 2Supreme Court of Alabama · 1924
2 more not listed; retrieve them via the Exa API.