Barton v. Barton
This text of 74 Ga. 761 (Barton v. Barton) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff brought her action against defendant, whom ■ she alleged was in the penitentiary in Gilmer county, Georgia; that he was convicted of perjury by the superior court of Fulton county; that at that time he was a citizen and resident of Fulton county; that he was carried to Gilmer county for punishment in the penitentiary.
The court below held that Fulton superior court had no jurisdiction of defendant; but that the jurisdiction was .in superior court of Gilmer couty, and dismissed plaintiff’s libel for divorce.
We think the facts show that the court below committed manifest error. The defendant did not voluntarily change his domicile, and, under the facts, he still had a domicile in Fulton county.
Judgment reversed.
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Cite This Page — Counsel Stack
74 Ga. 761, 1885 Ga. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barton-v-barton-ga-1885.