90 So. 917 | Ala. | 1921
The test of finality of a judgment or decree to support an appeal is not whether the cause remains in fieri awaiting further proceedings in such court to entitle the parties to their acquired rights, but whether such judgment or decree ascertains and declares such rights embracing the substantial merits of the controversy and the material issues litigated or necessarily involved in the litigation.
A denial of appellant's petition was, as to her, a final decree, and within the provision of Code, § 2837. Clifford v. Montgomery,
Where the testimony is taken orally before the court as prescribed by the act of 1915 (page 705), whether in equity (Andrews v. Grey,
In Carter v. Gaines,
Though the evidence may tend to show an abandonment by Franklin McClurkin of the relation of husband and wife theretofore contracted or assumed with Della McClurkin, and an attempt thereafter to contract marriage with Mittie McClurkin — that they mutually agreed to be husband and wife, followed by cohabitation and living together for many years as man and wife — this did not destroy the former valid common-law marriage contracted by him with Della McClurkin. In the absence of the divorce of the parties, they were not thereafter free to contract marriage with others as was sought to be shown by the evidence of an attempted marriage with the said Mittie. Evans v. Evans,
A careful examination of the record impresses us that no reversible error has been committed. The decree of the circuit court, in equity, is affirmed.
Affirmed.
ANDERSON, C. J., and McCLELLAN and SOMERVILLE, JJ., concur.