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30 Ala. 394

Edwards v. Edwards

Supreme Court of Alabama

Decided January 15, 1857

Supreme Court of Alabama · decided 1857-01-15

<p>[BILL IN EQUITY FOB. DIVORCE AND ALIMONY.]</p> <p>1. Proof of plaintiff’s residence. — To authorize a decree for a divorce in favor of the plaintiff, where the defendant is a non-resident, proof must he made (Code, § 1969) of the plaintiff’s bona-fide residence in this State for one year next before the filing of the bill; otherwise, the bill should be dismissed without prejudice.</p> <p>2. Decree reversed and rendered. — Where the chancellor refuses to decree a divorce, because proof is not made of the plaintiff’s residence in this State, but grants relief as to other matters embraced in the bill, the appellate court will, at the instance'of the plaintiff, reverse the decree as to the divorce, and dismiss the bill, on that point, without prejudice.</p>

Relies on Larkins v. Biddle · Taliaferro's Adm'r v. Branch Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1857-01-15

How this case has been cited

Cited by 3 later decisions — most recently January 1911

3 state decisions

101857186018701880189019001910decided

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.

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RICE, C. J.

¶1According to section 1969 of the Code, when the defendant to a bill for divorce is a non-resident, the complainant “must have been a bona-fide resident of this State, for one year next before the filing of the bill; which must be alleged in the bill, and proved.” One of the objects of the bill in this case, is .to obtain a divorce. There is no proof that the complainant was a resident of this State, for one year next before the filing of the bill. For want of such proof, the bill, so far as it could be regarded as a bill for divorce, should have been dismissed, without prejudice to the right of the complainant to file another bill for divorce. "We shall reverse the decree of the chancellor, so far as it relates to the divorce sought by the bill, and render a decree, so far as the divorce is concerned, in conformity with the view above expressed, without interfering with the decree in any other respect. Taliaferro v. The Branch Bank at Montgomery, 23 Ala. 755; Larkins v. Biddle, 21 Ala. 252.

¶2The next friend of the appellant must pay the costs of the appeal to this court.

Walker, J., not sitting.
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