Waltz v. Waltz
Cases that cite this one
3 later published cases cite this decision.
- In re Gibson (N.C. 1942)
- Hill v. Hill (Wash. 1915)
- Duxstad v. Duxstad (Wyo. 1909)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The only question in this case is, whether an applicant for divorce must not only be a resident in good faith of the county at the time the application for divorce is instituted, but also at the time of the trial.
The statute is as follows: “ Divorces may be decreed by the Circuit Courts of this State, on petition filed by any person who, at the time of the filing.of such petition, shall have been a bona fide resideut of the State one year previous to the filing of the same, and a resident of the county at the time of the filing such petition.” Acts 1859, 108.
We suppose this statute does not admit of any interpretation different from its literal reading; that if the applicant was in good faith a resident, at the time named, non-residence at the time of trial would not prevent the Court from acting in the premises.
The judgment is reversed, with costs. Cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.