Mills v. Mills

THOMAS, J.:

When the chancellor heard, finally, the appellant’s suit against appellee for divorce, he dismissed the bill without prejudice because of his conviction that the former was not a resident of this State; hence, the court had no jurisdiction of the cause. It was appellant’s burden to prove that he had resided in the State ninety days before filing his bill of complaint (Sec. 65.02 Florida Statutes, 1941, F.S.A. Sec. 65.02) else there could have been no jurisdiction, hence’no adjudication.

We have studied closely the testimony of the appellant about his intention to change his domicile…