Ex Parte State Ex Rel. Tissier

The answer of the learned circuit judge sets out the pertinent statutes and decisions of this court on the question presented. This appears to be a case of first impression. Was the circuit court in error in assuming that sections 7423 and 7424 of the Code of 1923 were governed by the mandatory provisions of section 7417 of the Code of 1923V

The several provisions of the statute (chapter 283, Code of 1923) preceding section 7417 pertain to divorces a vinculo matrimonii. These provisions are: The grounds on which such divorce may be granted (section 7407) to the husband (section 7408) or to the…