Legal Opinion

Martin v. Martin

Court of Civil Appeals of Alabama

Decided December 10, 1986No. Civ. 5488PublishedCited by 2 opinions

1Opinion of the Court

EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

On March 21, 1986, the husband filed his complaint for a divorce in the Circuit Court of Clarke County, Alabama. Service of a copy of the summons and complaint was had upon the wife in Metairie, Louisiana, by certified mail on March 28, 1986.

The wife filed a motion to dismiss, wherein she alleged that she is not and has never been a resident of the State of Alabama; that this matter is res judicata because of a civil action in Louisiana, wherein service was had upon the husband on February 1, 1986; that the husband did not defend…

2Cases cited3 opinions

  1. Smiths Water Auth. v. City of Phenix CitySupreme Court of Alabama · 1983
  2. Hilley v. HilleySupreme Court of Alabama · 1963
  3. Stallworth v. StallworthSupreme Court of Alabama · 1961

3Cited by2 opinions

  1. Wesson v. WessonCourt of Civil Appeals of Alabama · 1993
  2. Haeuser v. HaeuserCourt of Civil Appeals of Alabama · 1995

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