This section contains the nature of the case and procedural background.

A divorce decree directed appellant, Mr. Orr (H), to pay appellee, Mrs. Orr (W), $1,240 per month in alimony. Subsequently, W initiated a contempt proceeding alleging that H was in arrears in his alimony payments. H submitted a defense a motion requesting that Alabama's alimony statutes be declared unconstitutional because they authorize courts to place an obligation of alimony upon husbands, but never upon wives. The Circuit Court denied H's motion and entered judgment against him for back alimony and attorney fees. H appealed the judgment. The Court of Civil Appeals of Alabama sustained the constitutionality of the Alabama statutes. The Supreme Court of Alabama granted H's petition for a writ of certiorari but without court opinion, quashed the writ as improvidently granted. The Supreme Court granted certiorari.

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