Streitwolf v. Streitwolf

Supreme Court

Streitwolf v. Streitwolf

181 U.S. 179, 21 S. Ct. 553, 45 L. Ed. 807, 1901 U.S. LEXIS 1355

Supreme Court of the United States·Decided April 15, 1901·No. 109·Published·Cited by 65 cases

Opinion

Me. Justice Geat,

after stating the case as above, delivered the opinion of the court.

This case must follow Bell v. Bell, ante, 175. The law of *183 North Dakota requires a domicil in good faith of the libellant for ninety days as a prerequisite to jurisdiction of a case of divorce. Smith v. Smith, 7 North Dakota, 404, 413. The facts in evidence warranted, and indeed required, the finding that the husband had no Iona fide domicil in the State of North Dakota, when he obtained a divorce there, and it is not pretended that the wife had an independent domicil in North Dakota, or was ever in that State. The court of that State, therefore, had no jurisdiction.

Judgment affirmed.

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Me. Justice Geat,

after stating the case as above, delivered the opinion of the court.

This case must follow Bell v. Bell, ante, 175. The law of *183 North Dakota requires a domicil in good faith of the libellant for ninety days as a prerequisite to jurisdiction of a case of divorce. Smith v. Smith, 7 North Dakota, 404, 413. The facts in evidence warranted, and indeed required, the finding that the husband had no Iona fide domicil in the State of North Dakota, when he obtained a divorce there, and it is not pretended that the wife had an independent domicil in North Dakota, or was ever in that State. The court of that State, therefore, had no jurisdiction.

Judgment affirmed.

Streitwolf v. Streitwolf, 181 U.S. 179, 21 S. Ct. 553, 45 L. Ed. 807, 1901 U.S. LEXIS 1355 (1901).

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181 U.S. 179 (Streitwolf v. Streitwolf) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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