Payne v. Payne

Appellee, plaintiff below, filed her petition for a divorce in the Clark Circuit Court. Her petition was not verified; neither did she file an affidavit as to her residence with her petition as provided by §1097 Burns 1926. She filed an application for a restraining order, and, in the application, made certain allegations as to her residence, which application was sworn to.

Upon the trial of the cause, a divorce was decreed to appellee. The error assigned is that the Clark Circuit Court had no jurisdiction to try and determine the cause.

The Supreme and Appellate Courts have repeatedly held…