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248 Ala. 430

27 So.2d 877

Whatley v. Whatley

Supreme Court of Alabama

Decided November 21, 1946

Supreme Court of Alabama · decided 1946-11-21

Cited by 6 later decisions — most recently December 1960

6 state decisions

Relies on Oden v. King · Massey v. Massey · Nelson v. Nelson

Good law ✅— No negative treatment on recordhow we know

Decided 1946-11-21

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*431 LAWSON, Justice.

¶1 The bill in this case was filed by the wife, appellee, against her husband seeking -a divorce, temporary, and permanent alimony, and solicitor’s fees. The appeal is from a decree overruling a demurrer to the bill.

¶2 Complainant seeks a’divorce on the ground of voluntary abandonment. The averments of the bill as to such abandonment are sufficient under the statute. § 20, Title 34, Code 1940, as amended, Act No. 463, approved July 10, 1943, General Acts 1943, page 425; Campbell v. Campbell, 246 Ala. 107, 19 So.2d 354, 155 A.L.R. 130; Nelson v. Nelson, 244 Ala. 421, 14 So.2d 155; Stephenson v. Stephenson, 213 Ala. 382, 105 So. 183.

¶3 The demurrer was general to the bill as a whole and since the bill clearly contains equity in so far as it seeks a divorce, the demurrer was properly overruled. If the bill contains equity in any of its aspects, -a demurrer to the bill as a whole is properly overruled. Roberts et al. v. Ferguson, 226 Ala. 594, 147 So. 894; Oden v. King, 216 Ala. 504, 113 So. 609, 54 A.L.R. 1413; Massey et al. v. Massey, 246 Ala. 396, 20 So.2d 790; Robbins v. Schaefer, 242 Ala. 353, 6 So.2d 415.

¶4 The decree is due to be affirmed. It is so ordered.

¶5 Affirmed.

GARDNER, C. J., and FOSTER and STAKELY, JJ., concur.
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