Firth v. Firth

Van Fleet, V. C.

This is a suit for divorce by a husband against his wife for .adultery. The crime charged has been proved. If the only question presented was whether or not the defendant’s guilt had been established, the case could very easily be decided. But it presents another and much more troublesome query, namely: Had the petitioner, when he brought his suit, a right to sue for a divorce in this state? or, stated in another form, Has this court power, on the facts of the case as they appear in the proofs, to dissolve his marriage with the defendant ? The decisive question of the case is…