Smith v. Smith

Appellant filed suit for divorce, and the allegations of his bill were held to have been supported by the proof and a sufficient basis for decree. Eelief was denied, however, upon jurisdictional grounds; the chancellor having found that the complainant had not been “an actual bona fide resident within this state for one year next preceding the commencement of the suit.” Code 1930, sec. 1415. This is the sole ground of the appeal.

The parties were married in Ohio, and the defendant resided there at the time the bill was filed. Complainant was a member of the National Guard of that state, and as…