Legal Opinion

Fletcher v. Fletcher

Court of Civil Appeals of Alabama

Decided December 3, 1975No. Civ. 680PublishedCited by 3 opinions

1Opinion of the Court

HOLMES, Judge.

This is a petition for writ of mandamus to compel respondent-judge to vacate his order restraining petitioner from instituting further garnishment proceedings.

The issue in this proceeding is whether a circuit judge may issue an order which restrains and/or enjoins an ex-wife- from instituting garnishment proceedings to collect past due alimony.

We answer in the negative and the petition for writ of mandamus is granted.

The facts pertinent to this appeal are as follows:

In October of 1973, petitioner and her then husband were divorced. The decree of divorce was rendered by The…

2Cases cited3 opinions

  1. Epps v. EppsSupreme Court of Alabama · 1929
  2. Armstrong v. GreenSupreme Court of Alabama · 1953
  3. Blackwood v. KilpatrickCourt of Civil Appeals of Alabama · 1974

3Cited by3 opinions

  1. Nabors v. NaborsCourt of Civil Appeals of Alabama · 1978
  2. Andrews v. CITY NAT. BANK OF BIRMINGHAMSupreme Court of Alabama · 1977
  3. Joe v. JoeCourt of Civil Appeals of Alabama · 2004

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