Appeal from Gonzales. Tried below before the Hon. Fielding Jones.

Suit by appellant, for divorce. The petition was filed August 26th, 1857. Appellee pleaded to the jurisdiction of the court, that he was not a resident of said county, at the time of the filing of plaintiff’s petition, &c. The evidence, upon the trial, was as follows: McGill, witness for defendant, was asked if defendant was a resident of Gonzales county, on the 26th of August, 1857, to which witness answered, I think not. Upon cross-examination, witness said that, on the 27th of August, 1857, he had a transaction of business, which fixed his mind to that date, and the defendant had then been living in Moulton, Lavaca county, one, two, or' three days. Did not know whether he had moved all of his effects; had moved some. Witness thought defendant’s negroes were still in Gonzales county; had been hired to work on a meeting house. It was some three or four miles from defendant’s place, in Gonzales county, to Moulton. Witness said he was confident defendant had moved, at the time of filing this suit.

Leazea, witness for defendant, (and his brother in law) being asked if defendant was a resident of Gonzales county, at the date of the filing of this suit, viz., 26th August, 1857, answered, I think not; I am confident, he had moved before that time. Upon cross-examination, witness said, his mind was directed and fixed by a circumstance that occurred on the 29th August, 1857, and that, recollecting back from that time, he was confident defendant had been living four or five days in Moulton; that when defendant moved to Moulton, he requested witness to assist him to unload his waggon; that he did so, but did not remember the precise day, save by the circumstance that occurred on the said 29th of the month. Here defendant rested.

Fuller, witness for plaintiff, testified that he came to town (Gonzales) on the 26th, with the father of plaintiff, when the suit was brought; that it was some twenty miles from where the parties lived to Gonzales; that he was deputized to serve the writ or citation on the defendant, by the sheriff; that he went to his house the next day, the 27th of August, 1857; that there was no one there; the door of the house was open, and there was a bundle, which looked to be dry goods, on the floor ; there were fresh waggon tracks in the yard, as if a party had recently moved off; that on the 26th, also on the 27th, two of defendant’s negroes were under his charge, working on a meeting house in the neighborhood; that they did not go home till after the 27th. Upon cross-examination, he said, he could not say positively when the waggon tracks that were in the yard were made; might have been a day, or two days before.

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