SMITH v. SMITH

7 Div. 398.

106 So.2d 260 (1958)

Clara Vaughn SMITH v. Johnny Carl SMITH.

Supreme Court of Alabama.

November 6, 1958.


Attorney(s) appearing for the Case

Scott, Dawson & Scott, Fort Payne, for appellant.

Loma B. Beaty, Fort Payne, for appellee.


GOODWYN, Justice.

This is an appeal by the respondent (wife) from a decree of the circuit court of DeKalb County, in equity, granting complainant (husband) a divorce on the ground that the wife was pregnant at the time of the parties' marriage, without the knowledge or agency of the husband. Code 1940, Tit. 34, § 21, authorizes a divorce on this ground.

The complaint alleges that "complainant and respondent are over the age of 21 years and are residents...

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