Legal Opinion

Calhoun v. Calhoun

Court of Civil Appeals of Alabama

Decided December 10, 1970No. 3 Div. 28PublishedCited by 6 opinions

1Opinion of the Court

WRIGHT, Judge.

This is an appeal from a decree denying a motion to set aside three decrees of the Montgomery County Circuit Court, in Equity. The basis of the motion is that the decrees are void for lack of jurisdiction as shown on the face of the record. The motion was not filed within thirty days from the rendering of the decrees, but it was long ago established that a decree, void for want of jurisdiction, either of-the parties or cause of action, may be set aside either on motion or by the court, ex mero motu at any time. Capps v. Norden, 261 Ala. 676, 75 So.2d 915. It is further the rule…

2Cases cited23 opinions

  1. Williams v. North CarolinaSupreme Court of the United States · 1943
  2. May v. AndersonSupreme Court of the United States · 1953
  3. Baker v. Baker, Eccles & Co.Supreme Court of the United States · 1917
  4. Ex Parte BurchSupreme Court of Alabama · 1938
  5. Florence Gin Co. v. City of FlorenceSupreme Court of Alabama · 1933

18 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Huffman v. GriffinMississippi Supreme Court · 1976
  2. Dean v. DeanCourt of Civil Appeals of Alabama · 1982
  3. McDowell v. McDowellCourt of Civil Appeals of Alabama · 1971
  4. West v. WestCourt of Civil Appeals of Alabama · 1972
  5. Biggers v. BiggersCourt of Civil Appeals of Alabama · 1995

1 more not listed; retrieve them via the Exa API.

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