Maner v. Maner

MERRILL, Justice.

This appeal is from a decree which, in effect, denied appellant’s motion to set aside a purported decree of divorce on the ground that the decree was void on its face. An appeal lies from, such a denial. Doby v. Carroll, 274 Ala. 273, 147 So.2d 803, and cases there cited.

Appellant, the wife, filed the motion to set aside the decree and the husband filed a motion to strike; the court granted the motion to strike and this appeal followed.

In 1963, the wife filed a suit for divorce in Montgomery County. On June 17, 1963, the husband swore to a plea in abatement that both he and…