Towson v. Towson
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of city of Alexandria. Decree for complainant. Defendant appeals. This is a suit for divorce brought by the husband, in which a divorce a mensa was granted to him, on the ground of desertion, and the wife appeals.
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Appeal from a decree of the Circuit Court of city of Alexandria. Decree for complainant. Defendant appeals. This is a suit for divorce brought by the husband, in which a divorce a mensa was granted to him, on the ground of desertion, and the wife appeals. Two pleas to the jurisdiction were filed by the wife, one denying that the husband had been domiciled in the State for one year before the suit was brought, and the other denying that the husband was a resident of the city of Alexandria, where the suit was brought, at the time the suit was instituted. Issue was taken on these pleas and a…
1Opinion of the CourtBurks, J.
(after making the foregoing statement) delivered the opinion of the court.
[1, 2] The trial court committed no error in' impaneling a jury to try the issues made on the pleas to the juris*647diction. This was not a case of an issue out of chancery, and is not controlled by the rules regulating the awarding of such issues, but is a wholly statutory proceeding. Section 3274 of the Code (1904) declares that “A plaintiff in. equity may take issue upon a plea, and either party may have such issue tried by a jury.” The object is not to inform the conscience of the chancellor, but to determine the issue…
2Cases cited12 opinions
- Miller v. WillsSupreme Court of Virginia · 1897
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- Pryor v. AdamsCourt of Appeals of Virginia · 1798
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