Kemp v. Kemp

Court of Civil Appeals of Alabama

Kemp v. Kemp

351 So. 2d 910, 1977 Ala. Civ. App. LEXIS 779

CourtCourt of Civil Appeals of Alabama

DecidedOctober 12, 1977

DocketCiv. 1191

StatusPublished

This text of 351 So. 2d 910 (Kemp v. Kemp) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kemp v. Kemp, 351 So. 2d 910, 1977 Ala. Civ. App. LEXIS 779 (Ala. Ct. App. 1977).

Pincite

Opinion

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, 310 So.2d 225.

In any event, we would note that this court, in two previous decisions, has upheld the constitutionality of Tit. 34, § 31 Code of Alabama. See Orr v. Orr, Ala.Civ.App., 351 So.2d 904, decided March 10, 1977; and Blackwell v. Blackwell, Ala.Civ.App., 348 So.2d 500.

The case is due to be affirmed.

AFFIRMED.

WRIGHT, P. J., and BRADLEY, J., concur.

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