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AIELLO v. AIELLO

6 Div. 371.

133 So.2d 18 (1961)

Jane Coffey AIELLO v. John J. AIELLO.

Supreme Court of Alabama.

September 14, 1961.

Attorney(s) appearing for the Case

McGowen & McGowen and Geo. I. Case, Jr., Birmingham, for appellant.

Ben F. Ray, Birmingham, and Francis F. Welsh, Montclair, N. J., for appellee.

O. J. Goodwyn, Chas. A. Ball, Files Crenshaw, J. H. Berman, R. Luther Ingalls, John Huddleston, F. J. Mizell, Jr., Vincent S. Lamb, John W. Pemberton, Wm. E. Garner, Wm. B. Moore, Jr., and Frank H. Hawthorne, Montgomery, amici curiae in support of appeal.

COLEMAN, Justice.

This is an appeal by respondent from a decree overruling her demurrer to a bill in equity. Complainant characterizes the bill as "his Petition for Declaratory Judgment and Annulment of Final Decree of Divorce." The bill was filed May 15, 1958. It seeks to nullify a divorce decree rendered in the same court some 9 years and 9 months earlier on August 2, 1948, and further, to nullify the purported marriage of complainant to respondent in 1950.

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