Public-domain · open source
OpenJurist

160 Ind. 407

Becker v. Becker

Indiana Supreme Court

Decided April 8, 1903

Indiana Supreme Court · decided 1903-04-08

<p>Divorce. — Residence of Plaintiff. — Witnesses.—Qualification.—A divorce decree will be reversed on appeal where there was no evidence that the- witnesses as to the residence of plaintiff were resident freeholders and householders of the State as required by §1043 Bums 1901.</p>

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1903-04-08

How this case has been cited

Cited by 7 later decisions — most recently May 1943

7 state decisions

4019031910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Monks, J.

¶1Appellee sued for and obtained a decree of divorce and judgment for alimony.

¶2It is insisted by appellant that proof of appellee’s residence in the county and State was not made by two witnesses, who were “resident freeholders and householders of the State,” as required by §1043 Burns 1901, §1031 R. S. 1881 and Horner 1901. We find, on examination of the evidence, that it was not shown that said witnesses possessed the qualifications reqrdred by said section. It follows that there was no evidence to sustain the allegations of the complaint in regard to appellee’s residence, as required by, said section of the statute, and that the trial court erred in overruling appellant’s motion for a new trial.

¶3The judgment' is therefore reversed, with instructions to sustain appellant’s motion for a new trial.

/160/ind/407 · .json · Public domain