Eliot v. Eliot
Wisconsin Supreme Court
APPEAL from, tbe Superior Court of Milwaukee County. This action was commenced February 21,1890, to obtain tbe annulment of a marriage, under sec. 2350, E. S. Tbe complaint alleges that tbe parties intermarried at tbe city of Milwaukee, in this state, January 5, 1890; tbat they have been residents of this state for tbe period of one year or more immediately preceding tbe commencement of tbe action; tbat at tbe time of said marriage tbe plaintiff bad not attained tbe age of…
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APPEAL from, tbe Superior Court of Milwaukee County. This action was commenced February 21,1890, to obtain tbe annulment of a marriage, under sec. 2350, E. S. Tbe complaint alleges that tbe parties intermarried at tbe city of Milwaukee, in this state, January 5, 1890; tbat they have been residents of this state for tbe period of one year or more immediately preceding tbe commencement of tbe action; tbat at tbe time of said marriage tbe plaintiff bad not attained tbe age of eighteen years, but was of tbe age of fifteen years on tbe 23d day of February, 1889; and tbat be bas not yet attained…
1Opinion of the CourtLyoN, J.
I. The. first ground of demurrer assigned is that the court has no jurisdiction of the person of the plaintiff. This is based on the assumption that the complaint fails to show the plaintiff was a resident of this state when the action was commenced. Rut we think the complaint sufficiently alleges such residence. The averment therein is that the parties have been residents of this state for “ one year immediately preceding the commencement of this action.” We do not perceive how this can be true and the plaintiff have been a nonresident of the state when the action was commenced. Moreover,…
2Cases cited1 opinion
- People v. SlackMichigan Supreme Court · 1867
3Cited by25 opinions
- In Re the Estate of GregorsonCalifornia Supreme Court · 1911
- Buckley v. BuckleyWashington Supreme Court · 1908
- Willits v. WillitsNebraska Supreme Court · 1906
- Dunphy v. DunphyCalifornia Supreme Court · 1911
- State ex rel. Scott v. LowellSupreme Court of Minnesota · 1899
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