Pearlstine v. Pearlstine

In the trial of an action for divorce brought by a wife, the court instructed the jury as follows: “If you find'there has been a voluntary separation and living apart between these two people, then the domicile of this plaintiff is not necessarily that of her husband. It is contended that the plaintiff, at one time, was a resident of the State of New York, and that she has changed her domicile.” The error assigned upon this instruction, in the motion for a new trial by the husband, was that it was not supported by the evidence, and not adjusted to the facts of the case: (a) because the…