Munsee v. Munsee

HENRIOD, Justice.

Appeal from dismissal of a divorce action and an ex parte order awarding custody of a child, issue of the marriage, to plaintiff. Remanded to proceed further. No costs awarded.

This case focuses attention on Title 30-3-1, Utah Code Annotated 1953, as amended,1 which jurisdictionally requires a divorce plaintiff to be “an actual and bona fide resident” of the county and state for three *85months before suit. We have toyed with this phrase,2 but have had no case that actually has impelled us to meet it head on in construing the legislative language employed. Neither do we need meet…