Opinion
SC 2195.
June 3, 1977. Rehearing Denied August 12, 1977.
Appeal from the Circuit Court, Houston County, White, J.
Stephen T. Etheredge and Alto V. Lee, III of Lee McInish, Dothan, for petitioner.
J. Ronald Storey, Dothan, for respondent.
We granted certiorari to the Court of Civil Appeals to determine whether alimony could be garnished. We concluded in Andrews v. City National Bank of Birmingham, Ala., 349 So.2d 1 (1977), decided today, that alimony may be garnished. The facts in this case are substantially the same as those in Andrews except that the debt here was contracted prior to the divorce. This factual distinction is without significance.
The judgment of the Court of Civil Appeals is reversed on the authority of Andrews, supra, and the cause is remanded.
REVERSED AND REMANDED.
TOLBERT, C.J., and BLOODWORTH, FAULKNER, SHORES, EMBRY and BEATTY, JJ., concur.
MADDOX and JONES, JJ., dissent.
The reasons for my dissent in this case are set out in my dissenting opinion in Andrews v. City National Bank of Birmingham, Ala., 349 So.2d 1. Though not mentioned in either the instant case or in Andrews (other than in my dissent in Andrews), by reversing the Court of Civil Appeals in this case, the effect of the majority holding in this case overrules Ryan v. Ryan, 271 Ala. 243, 123 So.2d 102 (1960).
MADDOX, J., concurs.