Brown v. Brown

The appellee sued for, and obtained, a decree of divorce and the custody of her infant child.

In this court the appellant denies the jurisdiction of the circuit court, from the fact that the affidavit of residence and occupation, as required by section 1031, R. S. 1881, section 1043, R. S. 1894, was sworn to before a justice of the peace and not before the clerk of said court.

The provision of the statute that such affidavit shall be sworn to before the clerk of the court in which the complaint is filed, was, in effect, held by this court in the case of Eastes v. Eastes, 79 Ind. 364, to be…