Appleby v. Appleby

SARTAIN, Judge.

We granted writs in this matter to review the trial judge’s decision to stay a wife’s claim for accumulated alimony rendered pursuant to a rule in the husband’s suit for a divorce pending an adjudication on the husband’s alleged claim that his marriage to relatrix was a nullity.

In order to more readily understand the issues we will briefly recite the chronology of events leading up to the instant matter:

On March 6, 1968, Homer Q. Appleby (respondent) filed a petition for a separation from Catherine Devito Appleby (re-latrix), a copy of which was served on an attorney…