Canan v. Canan

Action for divorce by Peter Canan, appellee herein, against Rose Canan, in which appellee was given a divorce and appellant awarded $250 alimony. Appellant’s motion for a new trial was overruled, hence this appeal.

It is contended by appellant that the decision of the court is contrary to law inasmuch as the trial court was without jurisdiction for the reason that the affidavit of the residence of appellee filed with his complaint as required by §1097 Burns 1926, Acts 1873 p. 107, did not confer jurisdiction upon the court.

The affidavit filed, with the complaint, after stating that the…