Stewart v. Stewart

The libelee’s exceptions herein challenge the validity of a divorce decree on the dual grounds that the justice who heard the case erred in refusing to dismiss the libel because of wrong venue and in granting the divorce on evidence which was not sufficient to establish cruel and abusive treatment.

Venue under the statute, R. S. 1944, Chap. 153, Sec. 55, depends on residence:

“A divorce * * * may be decreed in the county where either party resides at the commencement of proceedings * * *.”

The motion was urged by assertion that although the libel-ant was proved to have been physically present in…