Sims v. Sims
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; William M. Walker, Judge. Bill for divorce by W. O. Sims against Agnes M. Sims. From a decree overruling demurrer to the bill, respondent appeals. The bill was prematurely filed. The two-year period necessary to run in order to give appellee a cause of action began on February 20, 1921, and was not completed until the end of the day of February 20, 1923. Owen v. Slatter, 26 Ala. 547, 62 Am.
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Appeal from Circuit Court, Jefferson County ; William M. Walker, Judge. Bill for divorce by W. O. Sims against Agnes M. Sims. From a decree overruling demurrer to the bill, respondent appeals. The bill was prematurely filed. The two-year period necessary to run in order to give appellee a cause of action began on February 20, 1921, and was not completed until the end of the day of February 20, 1923. Owen v. Slatter, 26 Ala. 547, 62 Am. Dec. 745; Garner & Nevill v. Johnson, 22 Ala. 494; Halbert v. San Saba Springs Asso., 89 Tex. 230, 34 S. W. 639, 49 L. R. A. 193: People v. Barry, 93 Mich.…
1Opinion of the CourtAnderson, C. J.
[1] The statute (section 3793 of the Code of 1907), in prescribing the jurisdiction and grounds for divorce by subdivision 3, says:
“For voluntary abandonment from bed and board for two years next preceding the filing of the bill.”
This necessarily means that two years must elapse between the abandonment and filing the bill. True, section 11 of the Code, as to the computation of time, says:
“Within which any act is provided by law to be done must be computed by excluding the first day and including the last.”
But this statute applies to acts required to be done within a certain time, and not to…
2Cases cited1 opinion
- Owen v. SlatterSupreme Court of Alabama · 1855
3Cited by5 opinions
- Ex Parte RegisterSupreme Court of Alabama · 1952
- Odom v. OdomSupreme Court of Alabama · 1961
- Jones v. DuncanSupreme Court of Alabama · 1948
- Ex Parte CampbellSupreme Court of Alabama · 1934
- Taxpayers & Citizens of Cleburne County v. Cleburne CountySupreme Court of Alabama · 1971