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KEMP v. KEMP

Civ. 1191.

351 So.2d 910 (1977)

Fred W. KEMP v. Alma J. KEMP.

Court of Civil Appeals of Alabama.

Rehearing Denied November 9, 1977.

Attorney(s) appearing for the Case

Roger M. Monroe, of Jones & Monroe, Birmingham, for appellant.

Samual Maples, Birmingham, for appellee.

William J. Baxley, Atty. Gen. and Sarah M. Greenhaw, Asst. Atty. Gen., in support of Constitutionality of Title 34, Section 31, Code of Alabama 1940, Recompiled 1958, amicus curiae.

HOLMES, Judge.

This is a divorce case. The trial court awarded alimony to the wife and the husband appeals.

The sole issue before this court is whether Tit. 34, § 31, Code of Alabama (Alabama's alimony statute), is unconstitutional.

The husband raised the issue of the constitutionality of the statute for the first time in his motion for a new trial. Error on appeal may not be so predicated. See Dale v. Dale, 54 Ala.App. 505,

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