Heimler v. Heimler

The opinion of the court was delivered by

Thompson, J.

The petitioner sued the defendant for divorce on the ground of desertion. The suit was not contested. The advisory mas ter found that petitioner had presented adequate proof of acts on the part of the defendant sufficient to entitle him to a decree of divorce but for his failure to prove the jurisdictional fact of residence, for the lack of which proof a decree of dismissal was advised and entered. Petitioner appeals from that decree.

The question of residence arises out of the following state of facts: The parties were married in New York…