Smith v. Smith
Smith v. Smith
Opinion of the Court
This is a divorce case. The husband' brings the appeal from the decree granting the wife an absolute divorce.
Aside from the foregoing, the argument purports to deal with all of the assignments of error together, that is, in bulk, without any attempt to relate any part of the argument to any particular assignment. It has been held consistently that where unrelated assignments of error are argued in bulk, and one is found to be without merit, the others will not be considered. See: Pierson v. Busby, Ala., 183 So.2d 796
Assignment of error No. 2 is as follows:
“2. For that the Decree rendered in this cause is contrary to the law.”
It has been held that this type of assignment of error presents nothing for review and is without merit. See: Vernon v. Prine, 277 Ala. 402, 403, 171 So.2d 110; Franklin v. State, ex rel. Trammell, 275 Ala. 92, 93, 152 So.2d 158.
Although other assignments might be without merit, there is no need to discuss them.
Appellee’s application for an allowance for solicitors’ fees for representing her in this court is granted. The sum of $100 seems reasonable. See: Frazier v. Frazier, 273 Ala. 53, 58, 134 So.2d 205.
The decree is due to be, and is, affirmed.
Affirmed. .
. Ante p. 201.
Reference
- Full Case Name
- Percy C. Smith, Jr. v. Betty Sue Smith.
- Cited By
- 5 cases
- Status
- Published