Pancoast v. Burnell
Supreme Court of Iowa
Appeal from, WasTvmgton District Oowrt. The plaintiff claims of defendant damages for the alleged publication of a libel. The defendant for answer alleges that, “ at and before the commencement of said action, said plaintiff was and now is married to one William M. Pancoast, a resident, as he is informed and believes, of the city of- San Francisco, of the State of California, who was then and is now her lawful husband and still living.
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Appeal from, WasTvmgton District Oowrt. The plaintiff claims of defendant damages for the alleged publication of a libel. The defendant for answer alleges that, “ at and before the commencement of said action, said plaintiff was and now is married to one William M. Pancoast, a resident, as he is informed and believes, of the city of- San Francisco, of the State of California, who was then and is now her lawful husband and still living. Wherefore, because the said William E. Pancoast is not made a party plaintiff’, he prays judgment, and that the said cause may be dismissed.” The defendant…
1Opinion of the Court
Dat, Ch. J.
I. It will be seen that the affidavit of H. A. Burnell alleges the non-residence of plaintiff, and those of Reuben and Rebecca Proudfit and of plaintiff deny it. It is urged by appellant that the wife can have no domicile or place of residence other than that of her husband. These affidavits, however, do not show the place of residence of plaintiff’s husband, nor even that she has a husband. They do not state the facts upon which the plaintiff’s non-residence is asserted or denied. Under the facts of the *396case as presented it is quite apparent that the court did not err in…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
3Cited by2 opinions
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
- Honey v. Chicago, B. & Q. Ry. Co.U.S. Circuit Court for the Southern District of Iowa · 1893