Nation v. Nation
Supreme Court of Alabama
Appeal from Circuit Oourt, Jefferson County; Hugh A. Locke, Judge. Bill by Lucile 'Nation against Wesley Nation, her former husband, to set aside and annul a decree of divorce granted by the circuit court of Jefferson county in favor of Wesley Nation on the ground of marital infidelity on the part of the wife, and to have a decree of divorce rendered in her own favor on the ground of statutory cruelty. From a decree overruling demurrers to the bill, defendant appeals.
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Appeal from Circuit Oourt, Jefferson County; Hugh A. Locke, Judge. Bill by Lucile 'Nation against Wesley Nation, her former husband, to set aside and annul a decree of divorce granted by the circuit court of Jefferson county in favor of Wesley Nation on the ground of marital infidelity on the part of the wife, and to have a decree of divorce rendered in her own favor on the ground of statutory cruelty. From a decree overruling demurrers to the bill, defendant appeals. This bill shows that the bill for divorce was filed by the husband on April 29, 1919. and that a writ of subpoena was served…
1Opinion of the CourtSomerville, J.
[1] The bill of complaint here exhibited is not a bill of review, and is not subject to the requirement that the permission of the court must be obtained for its filing. See Murrell v. Smith, 51 Ala. 301, 305; Manegold v. Beavan, 189 Ala. 241, 66 South. 448.
This is an original hill in the nature of a bill of review, grounded upon fraud in the procurement of the decree which it seeks to annul. Hogan v. Scott, 186 Ala. 310, 65 South. 209.
[2, 3] It is a well-settled principle in the impeachment of judgments for fraud, accident, or mistake that the complaining party must not only show that the…
2Cases cited8 opinions
- Hogan v. ScottSupreme Court of Alabama · 1914
- DeSota Coal Min. & Dev. Co. v. HillSupreme Court of Alabama · 1915
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Manegold v. BeavanSupreme Court of Alabama · 1914
- Stevens v. HertzlerSupreme Court of Alabama · 1896
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3Cited by7 opinions
- Hooke v. HookeSupreme Court of Alabama · 1946
- Miller v. MillerSupreme Court of Alabama · 1937
- Winston v. WinstonSupreme Court of Alabama · 1964
- Lucy v. HallSupreme Court of Alabama · 1956
- Damon v. Gaston, Williams & Wigmore, Inc.Supreme Court of Alabama · 1925
2 more not listed; retrieve them via the Exa API.