Ames v. Ames

Superior Court of Pennsylvania
Ames v. Ames, 7 Pa. Super. 456 (1898)
1898 Pa. Super. LEXIS 323
Beaver, Orlad, Porter, Rice, Wickham

Ames v. Ames

Opinion of the Court

Opinion by

Rice, P. J.,

This libel was filed in the county where the parties resided when the alleged cause for divorce arose, and where the defendant still resides, and the subpcena was served upon him. The fact that the petitioner was compelled to go elsewhere in order to earn a living, she not having any other residence in this state outside of the domicil of her husband, was not sufficient to prevent the court from taking jurisdiction. The majority of this court are of opinion that the case was correctly decided for the reasons given by the learned president judge of the 45th district specially presiding.

The order is affirmed and the appeal dismissed.

Dissenting Opinion

Porter, J.,

dissenting:

I dissent from tbe judgment of the court in this case on the ground that the libellant has no residence whatever in the state of Pennsylvania. I am of opinion that a wife cannot go into another state (for whatever reason) and from there successfully institute proceedings for divorce in Pennsylvania. She must have an actual residence in this state, and not a mere constructive residence at the domicil of her husband against whom she is proceeding adversely.

Reference

Full Case Name
Florence A. Ames v. Gaston W. Ames
Cited By
5 cases
Status
Published
Syllabus
Divorce — Domicil of libellant — Jurisdiction, O. P. The court has jurisdiction where the libel in divorce is filed by the wile, who had been compelled to go outside the state in order to earn a living, and the subpoena was served in the county where the husband resided and where the alleged cause of divorce arose, the wife not having any other residence in this state outside of the domicil of her husband. Divorce — Allowance of counsel fee and alimony. A proper allowance for counsel fee and alimony will be allowed, it appearing that the respondent, although alleged to be of unsound mind, is entrusted with responsible duties in his father’s private bank. A man cannot give away his services or earning power and deprive those who are entitled to them.