Roberts v. Roberts

¶ 16. The chancellor held that Mrs. Roberts, the procurer of the divorce in the wrong county, was estopped from asserting its invalidity. I agree and therefore respectfully dissent to this reversal.

¶ 17. The majority is correct to reject precedents cited by Mr. Roberts that in many kinds of suits, unless error in venue is raised, the issue is waived. A divorce is treated differently. Other than for a divorce based solely on irreconcilable differences, when “the defendant be a resident of the state, the complaint shall be filed in the county in which such defendant resides....” Miss.Code Ann.…