Gregory v. Gregory
Supreme Judicial Court of Maine
ON EXCEPTIONS. Action of dower. The defense set up a loss of dower by the divorce of the plaintiff’s husband from her granted by the Eecorder’s Court of Chicago, Illinois, in 1870. It was ruled by the court that if the husband really obtained a domicil in Illinois as a foundation for the divorce, it would be a valid divorce, although he went out of the state to obtain a domicil in order to obtain a divorce; that the motive for obtaining a new domicil would be immaterial; but…
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ON EXCEPTIONS. Action of dower. The defense set up a loss of dower by the divorce of the plaintiff’s husband from her granted by the Eecorder’s Court of Chicago, Illinois, in 1870. It was ruled by the court that if the husband really obtained a domicil in Illinois as a foundation for the divorce, it would be a valid divorce, although he went out of the state to obtain a domicil in order to obtain a divorce; that the motive for obtaining a new domicil would be immaterial; but that if he went off to be gone only temporarily, in order to acquire a divorce, not really and actually renouncing his…
1Opinion of the CourtEjiery, J.
Marriage is a civil status. The rights and obligations of the parties are not merely contractual, but are fixed, changed or dissolved by law. In case of a conflict of laws, the lex domicilii controls the status of the person, though his contractual or property rights maybe subject toother laws. The state has the absolute right to determine or alter the civil status of all its inhabitants. No matter where they may temporarily be, and no matter where the contracts or acts giving rise to such status may have been made or done. Other states or countries will in this matter accept without question…
2Cases cited5 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Kerr v. . KerrNew York Court of Appeals · 1869
- Sewall v. SewallMassachusetts Supreme Judicial Court · 1877
- Hoffman v. . HoffmanNew York Court of Appeals · 1871
3Cited by13 opinions
- Belanger v. BelangerSupreme Judicial Court of Maine · 1968
- Torlonia v. TorloniaSupreme Court of Connecticut · 1928
- White v. ShalitSupreme Judicial Court of Maine · 1938
- Cohen v. CohenSuperior Court of Delaware · 1912
- Usen v. UsenSupreme Judicial Court of Maine · 1940
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