Sapos v. Plame, 6 Div. 597
Decision Date | 30 March 1961 |
Docket Number | 6 Div. 597 |
Citation | 272 Ala. 76,128 So.2d 524 |
Parties | Harriett Jetta SAPOS v. Samuel PLAME, Jr. |
Court | Alabama Supreme Court |
Rankin Fite, Hamilton, for appellant.
Bill Fite, Hamilton, for appellee.
The appeal is from a decree overruling demurrer to an amended bill which seeks the vacation of a decree of divorce. The original bill was filed on July 21, 1959.
The case made by the amended bill is substantially as follows.
The complainant, Samuel Plame, Jr., and the respondent, Harriett Jetta Sapos, were married in November, 1944. The Circuit Court of Marion County, in Equity, on May 19, 1958, rendered a decree purporting to dissolve that marriage in a proceeding instituted by Harriett Jetta Plame, now Harriett Jetta Sapos, against Samuel Plame, Jr.
The decree of May 19, 1958, was obtained by fraud, in that:
The bill as amended further alleges:
There are only two assignments of error, both of which are to the effect that the court erred in overruling the respondent's demurrer.
Under such assignments, we treat only those grounds of demurrer adequately argued in brief of appellant as having been well taken....
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...Bell v. Bell, 181 U.S. 175, 21 S.Ct. 551, 45 L.Ed. 804; Andrews v. Andrews, 188 U.S. 14, 23 S.Ct. 237, 47 L.Ed. 366.' In Sapos v. Plame, 272 Ala. 76, 128 So.2d 524, 30 March 1961, the Court held that the subsequent marriage of the wife did not in and of itself show that the husband is estop......
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