Williamson v. Osenton
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the question whether a married woman may, under certain conditions, acquire a domicil different from that of her husband, are stated in the opinion. All questions of jurisdiction must be determined by the status of the parties at the time of the institution of the suit. A subsequent divorce will not aid defendant in error in maintaining jurisdiction in the Federal court.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. The facts, which involve the question whether a married woman may, under certain conditions, acquire a domicil different from that of her husband, are stated in the opinion. All questions of jurisdiction must be determined by the status of the parties at the time of the institution of the suit. A subsequent divorce will not aid defendant in error in maintaining jurisdiction in the Federal court. Mansfield v. Swan, 111 U. S. 379; Metcalf v. Watertown, 128 U. S. 586; Stevens v. Nichols, 130 U. S. 230; Jackson v. Allen, 132 U.…
1Opinion of the CourtJustice Holmes
This case comes here upon the certified question whether the plaintiff, when she began this suit, was a citizen of Virginia in such sense as to be entitled to maintain her action in the District Court of the United States for the Southern District of West Virginia. The plaintiff, (the defendant in error), at that time was the wife of a citizen of West Virginia, but, in consequence of his adultery as she alleged, had separated from him and had gone to Virginia. Before bringing this action she had brought a suit in West Virginia for divorce, and pending the present proceeding obtained a divorce…
2Cases cited9 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Minor v. HappersettSupreme Court of the United States · 1875
- Mitchell v. United StatesSupreme Court of the United States · 1875
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
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3Cited by253 opinions
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- George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
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