Commonwealth Ex Rel. Esenwein v. Esenwein

Opinion by

Kenworthey, J.,

In 1901, the Supreme Court of the United States held that the jurisdiction of a state court granting a divorce may be inquired into and, if it appear that neither of the parties had acquired a bona fide domicil in that state at the time of instituting proceedings the decree is open to collateral attack and a recital in the proceedings that such domicil existed may be contradicted. Bell v. Bell, 181 U. S. 175, 21 S. Ct. 551; Andrews v. Andrews, 188 U. S. 14, 23 S. Ct. 237.

In 1906, it held that a state court, even of the plaintiff’s domicil, could not render a judgment…