Jones v. Jones
Jones v. Jones
Opinion of the Court
delivered the opinion of the court.
This appeal presents for our determination this single question, viz : Have the courts of this state jurisdiction in suits for divorce, where.the causes for divorce occurred in another state?
The laws of this state, in their general application, must regulate
An examination of our statutes on this subject manifests to us that the legislature wisely determined that every person who has resided in this state for one year next preceding the filing of a bill for divorce, and who has not acquired such residence for the purpose of obtaining a divorce under our laws, is fairly entitled to invoke the benefits and the protection of our laws on this most important subject. The only essential legislative pre-requisite to suitorship in divorce proceedings is a bona fide residence in this state of one year. To this there is no limitation, nor any exception. The legislative will has imposed no condition of residence here on the part of the defendant, no condition of the execution of
We are therefore of the opinion that the court below erred in dismissing complainant’s bill, and in denying her the relief prayed for.
Reversed and remanded.
Reference
- Full Case Name
- Fannie Jones v. Samuel Jones
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Chancery Court ; Jurisdiction. Divorce; causes occurring in another state. A chancery court in this state, otherwise having jurisdiction of the case, may decree a divorce, although the cause therefor occurred outside of the state.