Winston v. Winston

MERRILL, Justice.

This appeal is from a decree setting aside a decree of divorce and holding it to be void because the trial court did not have jurisdiction of the subject matter — the marital res.

This is the second appeal in the cause. In Winston v. Winston, 276 Ala. 303, 161 So.2d 588, we held that the demurrer to the bill in the nature of a bill of review on the grounds of laches and that complainant did not come into equity with clean hands was properly overruled. (The first appeal was taken prior to the amendment to Tit. 7, § 755, abolishing the right to appeal from certain interlocutory…