Moffitt v. Moffitt

THOMAS, Justice.

The assignment of error challenges the overruling of defendant’s demurrer to the bill of complaint. This is, in effect, an effort seeking to overrule the decision recently announced by this Court in Johnson v. Johnson, 245 Ala. 145, 16 So. 2d 401, 405. That decision is founded on well-considered authorities and will not now be declared erroneous. We are of the opinion, as we have heretofore stated, that the true rule is, that “To preserve the good order of society and to keep the peace of mind of all persons concerned, the nullity of a void marriage should be ascertained' and…