Wright v. Wright
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Bill of review by Iverson Wright agqinst Angoline Wright to correct a decree allowing divorce and alimony. From a decree dismissing the bill complainant appeals. The complainant, defendant to the divorce and alimony suit, was entitled to notice. Rule 97, Chan.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Bill of review by Iverson Wright agqinst Angoline Wright to correct a decree allowing divorce and alimony. From a decree dismissing the bill complainant appeals. The complainant, defendant to the divorce and alimony suit, was entitled to notice. Rule 97, Chan. Prac.; sections 3158, 3161, and 3166, Code 1907; .87 Ala. 750, 6 South. 703. The court has lost power over his judgment and decree made on hill for review. 145 Ala. 629, 40 South. 123; Acts 1915, p. 135. Court cannot he put in error for failure to give notice of a…
1Opinion of the CourtSayre, J.
[1] Appellant having, after personal service of appellee’s bill for divorce and alimony, suffered a decree pro confesso, the court ordered a reference for the ascertainment of proper alimony. Upon the coming in of the register’s report the court made a decree awarding to appellee a divorce and alimony according to the report. This decree was entered March 23, 1918. In October, 1918, ’appellant filed his petition for leave to file a bill of review, seeking to vacate and annul the decree of March 23, 1918, in toto. The ground alleged for the proposed review was that appellant had had no notice…
2Cases cited2 opinions
- Mussina v. BartlettSupreme Court of Alabama · 1838
- Thornton's Administrator v. NealSupreme Court of Alabama · 1873
3Cited by3 opinions
- McEntire v. McEntireSupreme Court of Alabama · 1925
- Brue v. VaughnSupreme Court of Alabama · 1941
- Norton v. NortonCourt of Civil Appeals of Alabama · 1972