Streitwolf v. Streitwolf
Supreme Court of the United States
ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. August Streitwolf and Elizabeth Streitwolf were married at New.Brunswick in New Jersey on June 3,1877, and lived there as husband and wife until August 3, 1896. On August 17, 1896, the wife filed against the husband in the Court of Chancery in the State of New Jersey a bill for- divorce for his extreme cruelty, and for alimony; a subpoena returnable August 29, 1S96, was .served upon the husband personally…
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ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY. August Streitwolf and Elizabeth Streitwolf were married at New.Brunswick in New Jersey on June 3,1877, and lived there as husband and wife until August 3, 1896. On August 17, 1896, the wife filed against the husband in the Court of Chancery in the State of New Jersey a bill for- divorce for his extreme cruelty, and for alimony; a subpoena returnable August 29, 1S96, was .served upon the husband personally in New Jersey; and in November, 1896, after a hearing, an order was made for the payment of alimony pendente lite. On…
1Opinion of the CourtJustice Geat
This case must follow Bell v. Bell, ante, 175. The law of North Dakota requires a domicil in good faith of the libellant for ninety days as a prerequisite to jurisdiction of a case of divorce. Smith v. Smith, 7 North Dakota, 404, 413. The facts in evidence warranted, and indeed required, the finding that the husband had no Iona fide domicil in the State of North Dakota, when he obtained a divorce there, and it is not pretended that the wife had an independent domicil in North Dakota, or was ever in that State. The court of that State, therefore, had no jurisdiction.
Judgment affirmed.
2Cited by66 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Slansky v. StateCourt of Appeals of Maryland · 1949
- Commonwealth Ex Rel. Esenwein v. EsenweinSupreme Court of Pennsylvania · 1943
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