Blankenship v. Blankenship
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Giles county. Decree for plaintiff. Defendant appeals. This is a suit for divorce in which there is an original and an amended bill, neither of which contains any allegation that one of the parties had been domiciled in the State for at least one year preceding the commencement of the suit. ' The defendant — the wife — was brought personally before the court by process duly served upon her to answer the original bill.
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Appeal from a decree of the Circuit Court of Giles county. Decree for plaintiff. Defendant appeals. This is a suit for divorce in which there is an original and an amended bill, neither of which contains any allegation that one of the parties had been domiciled in the State for at least one year preceding the commencement of the suit. ' The defendant — the wife — was brought personally before the court by process duly served upon her to answer the original bill. She did not plead in abatement to the jurisdiction of the court, but at term demurred to the original bill and also filed her answer…
1Opinion of the Court
SIMS, J.,
after making the foregoing statement, delivered the following opinion of the court:
The assignments of error raise a number of questions, but, since in our view of the case the court below had no jurisdiction to enter any decree in the cause, it will be unnecessary for us to pass upon any other questions than those concerning the jurisdiction of the court, save one, which will be adverted to below.
[1] 1. Section 2259 of the Code,, so far as material in the cause before us, provides as follows:
“No suit for annulling a marriage or for divorce shall bé maintainable unless one of the…
2Cases cited10 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Dutcher v. DutcherWisconsin Supreme Court · 1876
- Rumping v. RumpingMontana Supreme Court · 1907
- Moore v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1919
- Coleman v. Virginia Stave & Heading Co.Supreme Court of Virginia · 1911
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3Cited by15 opinions
- Bray v. LandergrenSupreme Court of Virginia · 1934
- Farant Investment Corp. v. FrancisSupreme Court of Virginia · 1924
- McCotter v. CarleCourt of Appeals of Virginia · 1927
- White v. WhiteSupreme Court of Virginia · 1943
- Brinkley v. BrinkleyWest Virginia Supreme Court · 1963
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