Legal Opinion

Bagwell v. Bagwell

Court of Civil Appeals of Alabama

Decided October 26, 1988No. Civ. 6541Published

1Opinion of the Court

L. CHARLES WRIGHT, Retired Appellate Judge.

This is an appeal of the circuit court’s denial of a motion to set aside a judgment of divorce entered after default.

The wife filed suit for divorce on the grounds of incompatibility of temperament and an irretrievable breakdown of the marriage. The husband counterclaimed for divorce on the same grounds.

The case was originally set for trial on December 7, 1987, but for reasons undisclosed by the record, two continuances were granted. The case was set for trial on January 20, 1988. On the date of the trial, the husband appeared. The wife failed to…

2Cases cited1 opinion

  1. Cross v. CrossCourt of Civil Appeals of Alabama · 1987

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