Legal Opinion

Burns v. Burns

Supreme Court of Florida

Decided July 1, 1869PublishedCited by 12 opinions

This is an appeal from a decree rendered in the Circuit Court for Duval county. The bill charges that complainant is, and has been for more than two years, a resident of this .State ; that she and defendant, John Burns, intermarried in 1S62 at Jacksonville, in said State, where the marriage was solemnized according to law, and “ where the parties have ever since lived;” that defendant “ habitually indulges in violent and ungovernable temper, and is extremely cruel to his…

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This is an appeal from a decree rendered in the Circuit Court for Duval county. The bill charges that complainant is, and has been for more than two years, a resident of this .State ; that she and defendant, John Burns, intermarried in 1S62 at Jacksonville, in said State, where the marriage was solemnized according to law, and “ where the parties have ever since lived;” that defendant “ habitually indulges in violent and ungovernable temper, and is extremely cruel to his wife;” that he is “ habitually intemperate;” that he has used threatening, blasphemous and abusive language toward her on…

1Opinion of the Court

EANDALL, O. J.,-

delivered the opinion of the Court.

The petition of appeal states several grounds upon which the defendant seeks to avoid the decree, and we proceed to examine them seriatim.

*3761. “ That complainant’s allegation of his past residence is not in compliance with law.”

The statement in the bill is, that “ the complainant is, and has been for more than two years a resident of this State,” that the parties were married at Jacksonville in this State, according to law, in April, 1862, “ where the parties have ever since limed?

The statute says that “ no divorce shall be granted to any…

2Cases cited1 opinion

  1. Smedley v. SmedleySupreme Court of Alabama · 1857

3Cited by12 opinions

  1. Chisholm v. ChisholmSupreme Court of Florida · 1929
  2. Hancock v. HancockSupreme Court of Florida · 1908
  3. Crawford v. CrawfordSupreme Court of Florida · 1879
  4. McBee v. McBeeOregon Supreme Court · 1892
  5. Johnson v. JohnsonSupreme Court of Florida · 1887

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