Smith v. Smith

The libel in this case is insufficient. It alleges the marriage of the parties to have taken place in Vermont, where the parties then resided. But it does not allege any removal to, or residence within, this state. Where the marriage was not within this jurisdiction, it should ap*81pear upon the face of the libel that the husband had his domicil here at the time, or that by a subsequent removal to this state the libellant obtained a legal domicil here, and resided here at the time when the cause of the divorce occurred.

The proof is also insufficient. There is no affidavit of the libellant…