Nail v. Nail

Supreme Court of Alabama

Nail v. Nail

18 So. 2d 141, 245 Ala. 543, 1944 Ala. LEXIS 336

CourtSupreme Court of Alabama

DecidedMay 18, 1944

Docket6 Div. 215.

StatusPublished

This text of 18 So. 2d 141 (Nail v. Nail) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nail v. Nail, 18 So. 2d 141, 245 Ala. 543, 1944 Ala. LEXIS 336 (Ala. 1944).

Pincite

Opinion

STAKELY, Justice.

This is an appeal from a final decree denying the husband a divorce from his wife on the ground of-voluntary abandonment. The issue in the case is one of fact and no useful purpose can be served by discussing the evidence in detail. § 66, Title 13, Code of 1940.

Subsequent to their separation, the husband was drafted and is now in the army. Under the evidence we feel reasonably satisfied that the wife did not voluntarily abandon the husband. We uphold the conclusion reached by the lower court that “the complainant has wholly failed to meet the burden of proof.”

The decree of the lower court is affirmed.

Affirmed.

GARDNER, C. J., and THOMAS, BROWN, FOSTER, and LIVINGSTON, JJ., concur.

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