Thorne v. Odom

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

This is an appeal under Rule 5, ARCP from an interlocutory order of the Circuit Court of Walker County which held that by virtue of the desertion of the father, the plaintiff-mother of a deceased child was the proper party under Title 7, § 118,Alabama Code, to bring this action for wrongful death. We reverse and remand with directions.

The plaintiff, Margaret Lollar Odom, filed a complaint on May 5, 1976 under Title 7, § 119, alleging the death of her minor child,…