Tupper v. Tupper

The question presented by this appeal is whether a trial court has authority to award attorney’s fees to a defendant wife upon the dismissal of plaintiff husband’s divorce action for his failure to prove residency in the state for one year prior to the commencement of the action. The trial court ruled it lacked jurisdiction to make a post-trial award of attorney’s fees under such circumstances. From this ruling the defendant wife appeals.

The appeal is uncontested, and is before the court on a short record. The record reveals the action came to trial upon plaintiff husband’s complaint for…