Ward v. Ward

SIMPSON, Justice.

This is an appeal from a final decree of divorce rendered by the trial court on August 15, 1967. The only assignment of error is “The Court erred in overruling, by its decree entered September 28, 1967, Respondent’s motion to set aside decree”.

The evidence in this case is not before us. It was taken orally before the trial court, but was not transcribed. We have repeatedly held that in such instances the appeal from a final decree presents nothing for this court to review. Zills v. Zills, 271 Ala. 341, 124 So.2d 115.

As noted, we have before us only-the pleadings in this case.…