Legal Opinion

Wright v. Wright

Supreme Court of Alabama

Decided June 21, 1917No. 7 Div. 876PublishedCited by 9 opinions

Appeal from Circuit Court, Cherokee County; W. W. Whiteside, Judge. Action by Nettie Wright against A. E. Wright, Jr. Prom decree for complainant, defendant appeals.

1Opinion of the CourtSayee, J.

[1] The general demurrer to complainant’s (appellee’s) bill should have been sustained. The bill averred that the defendant was a nonresident of this state, but failed to show that complainant had resided in this state for one year next before the filing of the bill.- Section 3802 of the Code provides that:

“When the defendant is a nonresident, the other party to the marriage must have been a bona fide resident of this state for one year next before the filing of the bill, which must be alleged in the bill and proved.”

The failure of the. bill to show complainant’s residence, as required by the…

2Cases cited3 opinions

  1. Martin v. MartinSupreme Court of Alabama · 1911
  2. McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
  3. Noble's Adm'r v. Moses Bros.Supreme Court of Alabama · 1886

3Cited by9 opinions

  1. Hooke v. HookeSupreme Court of Alabama · 1946
  2. Gee v. GeeSupreme Court of Alabama · 1949
  3. Caheen v. CaheenSupreme Court of Alabama · 1937
  4. Maner v. ManerSupreme Court of Alabama · 1966
  5. Moor v. MoorSupreme Court of Alabama · 1924

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