Gibson v. Gibson

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

The divorce complaint of Janice Catherine Gibson (plaintiff) as filed on June 29, 1984, averred that she and Joe B. Gibson (defendant) were married by the common law on March 18, 1982, and that they lived together as common-law husband and wife until January 24, 1983, when they separated. Plaintiff was the only witness to testify at the ore tenus trial, and she rested her case at the conclusion of her lengthy testimony. Defendant made the equivalent of an involuntary dismissal motion under Rule 41(b) of the Alabama Rules of Civil…