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36 Fla. 372

Gredler v. Gredler

Supreme Court of Florida

Decided June 15, 1895

Supreme Court of Florida · decided 1895-06-15

<p>Appeal from the Circuit Court for Franklin county.</p> <p>The facts in the case are stated in the oipnion of the ■ court.</p>

Relies on Phelan v. Phelan · Miller v. Miller

Good law ✅— No negative treatment on recordhow we know

Decided 1895-06-15

How this case has been cited

Cited by 8 later decisions — most recently February 1988

8 state decisions

401895190019101920193019401950196019701980decided

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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Taylob, J.:

¶1George A. Gredler, the appellant, on September '25th, 1889, sued the appellee, Sarah J. Gredler, by bill in equity, in the Circuit Court of Franklin county, for divorce. The defendant answered denying all the material allegations of the bill. ' Replication was filed, the cause was referred to a master to take and report the testimony; a voluminous amount of testimony was taken and reported to the court; a final hearing upon the pleadings and proofs was had, and this resulted in a decree dismissing the complainant’s bill; and from this decree the complainant appeals.

¶2The complainant had wholly failed to allege in his bill, or to prove, that he had resided in this State for two years prior to the exhibition of his bill. In Phelan vs. Phelan, 12 Fla. 449, it was held, and we. think with entire correctness, that the fact of the applicant’s prior residence for two years in this State was necessary both to be alleged in the bill, and established by proof, before the courts were authorized to grant a divorce under our statute. Miller vs. Miller, 33 Fla. 453. In the absence of such allegation, and proof to .sustain it, the court below very properly dismissed the *ül at the final hearing.

¶3The decree appealed from is affirmed.

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