Hess v. Kimble
New Jersey Court of Chancery
Final hearing on petition, &e., to annul marriage. The petition in this case is filed in behalf of William H. Hess, Jr., a minor, by his next friend, to annul his marriage to defendant on the ground that he was under the age of eighteen at the time of said marriage, and that he has not, since arriving at that age, confirmed the marriage. The petition is filed under the Divorce and Annulment act of 1907 (P. L. 1907 p.
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Final hearing on petition, &e., to annul marriage. The petition in this case is filed in behalf of William H. Hess, Jr., a minor, by his next friend, to annul his marriage to defendant on the ground that he was under the age of eighteen at the time of said marriage, and that he has not, since arriving at that age, confirmed the marriage. The petition is filed under the Divorce and Annulment act of 1907 (P. L. 1907 p. Jfll/.), which act provides that a decree of nullity of marriage may be rendered “at the suit of the husband when he was under the age of eighteen at the time of the marriage,…
1Opinion of the Court
Leaming, Y. C.
I am entirely satisfied that this court is without jurisdiction to entertain the petition filed in this suit for the reason that neither petitioner nor defendant was a bona fide resident of this state at the time the petition was filed.
The term “resident,” used in the several successive legislative acts of this state which confer jurisdiction on this court in suits for divorce and annulment of marriage, has been uniformly recognized as including not only the factum of residence but also the animus manendi; the residence required bj’’ our statute is the equivalent of domicil.…
2Cases cited2 opinions
- Taylor v. JeterSupreme Court of Georgia · 1862
- Inhabitants of Dennysville v. Ihabitants of TrescottSupreme Judicial Court of Maine · 1849
3Cited by9 opinions
- Pieretti v. PierettiNew Jersey Court of Chancery · 1935
- Renner v. RennerNew Jersey Court of Chancery · 1935
- In re the Adoption of SusanBergen County Surrogate's Court · 1944
- In Re AnonymousNew Jersey Superior Court Appellate Division · 1954
- In re Estate of CollinsNew York Surrogate's Court · 1932
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