Carter v. Carter

This is an uncontested divorce action. The bill averred that the complainant was a resident of Tennessee and the defendants resident of the State of Texas. It was sworn to before a notary public of the latter state. Conceiving* that a jurisdictional question was involved, the Proctor appealed from the final decree and in a very able brief suggests that the chancellor lacked jurisdiction of the subject matter because there was no authority for the affidavit being made before a notary public outside of this state.

A divorce action is purely statutory and the procedure is largely controlled by…