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Kemp v. Kemp

Court of Civil Appeals of Alabama
Nov 9, 1977
351 So. 2d 910 (Ala. Civ. App. 1977)

Opinion

Civ. 1191.

October 12, 1977. Rehearing Denied November 9, 1977.

Appeal from the Circuit Court, Jefferson County, Joseph Barnard, J.

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.


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.


Summaries of

Kemp v. Kemp

Court of Civil Appeals of Alabama
Nov 9, 1977
351 So. 2d 910 (Ala. Civ. App. 1977)
Case details for

Kemp v. Kemp

Case Details

Full title:Fred W. KEMP v. Alma J. KEMP

Court:Court of Civil Appeals of Alabama

Date published: Nov 9, 1977

Citations

351 So. 2d 910 (Ala. Civ. App. 1977)