Nelson v. Nelson

GARDNER, Chief Justice.

The bill is by the wife against the husband seeking divorce on the ground of voluntary abandonment. Section 20 (3) and Section 27, Title 34, Code of 1940. The appeal is from a decree overruling demurrer to the bill. The only ground of demurrer here insisted upon is the general one that there is no equity in the bill. The insistence is without merit.

While it is true, as observed in Perry v. Perry, 230 Ala. 502, 162 So. 101, that to constitute voluntary abandonment within the meaning of the statute, “there must be a final departure, without the consent of the other party,…