Bell v. Bell
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. This was an action brought December 22, 1894, in the Supreme Court for the county of Erie and State of New York, by Mary Gf. Bell against Frederick A. Bell, for a divorce from the bond-of matrimony for his adultery at Buffalo in the county of Erie in April and May, 1890, and for alimony.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEW YORK. This was an action brought December 22, 1894, in the Supreme Court for the county of Erie and State of New York, by Mary Gf. Bell against Frederick A. Bell, for a divorce from the bond-of matrimony for his adultery at Buffalo in the county of Erie in April and May, 1890, and for alimony. The defendant appeared in the case, and pleaded a decree of divorce from the bond of matrimony,, obtained by him January 8, 1895, in the court of common pleas for Jefferson County in the State of Pennsylvania, for her desertion. \ The plaintiff replied,…
1Opinion of the CourtJustice Gbay
The question in this case is of the validity of the divorce obtained by the husband in Pennsylvania. No valid divorce from the bond of matrimony can - be decreed on constructive service by the courts of a State in which neither party is domiciled. And by the law of Pennsylvania every petitioner for a divorce must have had a bona fide residence within, the State for one year next before the filing of the petition. Penn. Stats. March 13, 1815, c. 109, §11; May 8, 1854, c. 629, § 2; Hollister v. Hollister, 6 Penn. St. 449. The recital in the proceedings in Pennsylvania of the facts necessary to…
2Cases cited3 opinions
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- Durfee v. DukeSupreme Court of the United States · 1963
- Haddock v. HaddockSupreme Court of the United States · 1906
- Sherrer v. SherrerSupreme Court of the United States · 1948
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