Legal Opinion

Morgan v. Morgan

Supreme Court of Alabama

Decided December 18, 1919No. 6 Div. 947PublishedCited by 14 opinions

Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill ¡or petition by W. Barnes Morgan against Mrs. Leila J. Morgan,'now Mrs. Leila J. Lavender, for modification of a decree, heretofore rendered, granting alimony to re- ' spondent. From a decree overruling demurrers, respondent appeals.

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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill ¡or petition by W. Barnes Morgan against Mrs. Leila J. Morgan,'now Mrs. Leila J. Lavender, for modification of a decree, heretofore rendered, granting alimony to re- ' spondent. From a decree overruling demurrers, respondent appeals. The demurrers should have been sustained, ¡section 3816, Code 1907; ante, p. 167, 82 South. 417; 131 Ala. 445, 31 South. 91; 84 Ala. 262, 4 South. 137; 71 Ala. 83; 45 Ala. 264; 125 111. 608, 18 N. E. 329, 1 L. R. A. 320, 8 Am. St. Rep. 417; 64 Ohio St. 369, 60 N. E. 560; 58 N. X. 664. The…

1Opinion of the CourtAnderson, C. J.

The appellee filed a petition or supplemental bill, seeking a modification of the permanent alimony decreed against him in favor of his former wife, upon the ground that she had’ remarried. While the decree was for the fixed sum of $4,000, it was made payable periodically, no execution was directed for the collection of same, and the future control of same was expressly reserved by the court. The decree recites as follows:

“As to any matter affecting the welfare and custody of W. Barnes Morgan, Jr., the child of the marriage of complainant and respondent, and as to any and all matters, if any…

2Cases cited3 opinions

  1. Cohen v. CohenCalifornia Supreme Court · 1906
  2. Ortman v. OrtmanSupreme Court of Alabama · 1919
  3. Jones v. JonesSupreme Court of Alabama · 1901

3Cited by14 opinions

  1. Smith v. RogersSupreme Court of Alabama · 1927
  2. Austad v. AustadUtah Supreme Court · 1954
  3. Morgan v. MorganSupreme Court of Alabama · 1924
  4. Davis v. DavisSupreme Court of Alabama · 1951
  5. O'Dell v. O'DellCourt of Civil Appeals of Alabama · 1976

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