Holden v. Holden

MERRILL, Justice.

This is an appeal from a decree dated December 29, 1960, granting respondent’s motion to set aside a divorce decree. Such a decree, if it restores the cause to the docket for further proceedings, will not support an appeal and the appeal must be dismissed. Capps v. Norden, 261 Ala. 676, 75 So.2d 915.

Joseph Holden filed a bill for divorce against respondent Annie Ruth Holden, charging habitual drunkenness and cruelty. The respondent was not found in Dale, Houston or Geneva Counties and the bill was amended to secure service by publication. After such service had been…