Abdella v. Abdella

An issue not presented to the lower court is raised for the first time upon this appeal, and it is determinative of the case. The 1945 statutes contained the following provisions:

“261.01 Place of trial. Except as provided in section 220.12 and subject to the provisions for change of venue the proper place of trial of civil actions is as follows: . . .

“(3) Action affecting marriage. Of an action for the annulment or affirmance of a marriage or for a divorce, the county in which either party resides.”

“261.02 Place of trial, general rule. The county designated in the complaint shall be the place…