HARTIGAN v. HARTIGAN

6 Div. 643.

128 So.2d 725 (1961)

John HARTIGAN v. Helen Anderson HARTIGAN.

Supreme Court of Alabama.

March 30, 1961.


Attorney(s) appearing for the Case

Huey & Tyrrell and J. Terry Huffstutler, Birmingham, and Jack Crenshaw, Montgomery, for appellant.

No attorney marked for appellee.

Paul Johnston, Birmingham, for Geo. Lewis Bailes, amicus curiae.


MERRILL, Justice.

Appellant seeks a review of an order vacating an original divorce decree rendered in 1954, which was made by the trial court in 1960 in a proceeding to modify alimony payments included in the original decree. Appellant was uncertain as to whether mandamus was the proper mode of securing a review, and has presented this case here on petition for mandamus or in the alternative by appeal.

On July 28, 1954, Helen Hartigan filed a bill for divorce...

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