Legal Opinion

Phelan v. Phelan

Supreme Court of Florida

Decided July 1, 1868PublishedCited by 35 opinions

Appeal from a decree of the- Judge of the Circuit Court for the Suwannee circuit. ■ The facts of the ease, and the points of law arising upon the-record, are stated in the opinion of the court.

1Opinion of the CourtWestoott, J.

Under the statutes regulating the subject, no divorce a viñado matrimonii can be granted unless it is made to appear that “the applicant has resided in the State of Florida for the space of two years prior to the term of-such application.”

This fact should be alleged in the bill and established by *451proof. I John. Ch., 204; 1 4N. H., 381; 8 N. H., 162. The allegations of the bill are very indefinite xrpon this subject. It alleges that complainant remained from her home in Fernandina, but omits to state where she was or when she left. It is-then stated that in August, 1864, she was carried to…

2Cases cited14 opinions

  1. Wood v. WoodNew York Court of Chancery · 1830
  2. Crocket v. LeeSupreme Court of the United States · 1822
  3. James v. M'KernonNew York Supreme Court · 1810
  4. McGee v. McGeeSupreme Court of Georgia · 1851
  5. Jackson v. AshtonSupreme Court of the United States · 1837

9 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Prall v. PrallSupreme Court of Florida · 1909
  2. Brown v. BrownDistrict Court of Appeal of Florida · 1974
  3. Stockton v. PowellSupreme Court of Florida · 1892
  4. Chisholm v. ChisholmSupreme Court of Florida · 1929
  5. Aldrich v. AldrichSupreme Court of Florida · 1964

30 more not listed; retrieve them via the Exa API.

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