Belcher v. Belcher, No. 12543
| Court | Supreme Court of West Virginia |
| Writing for the Court | BERRY |
| Citation | 151 W.Va. 274,151 S.E.2d 635 |
| Parties | Bessie L. BELCHER v. V. S. BELCHER. |
| Decision Date | 06 December 1966 |
| Docket Number | No. 12543 |
Page 635
v.
V. S. BELCHER.
Decided Dec. 6, 1966.
Syllabus by the Court
1. When a bona fide marital domicile is established, the wife's domicile follows that of her husband.
2. The parties can not confer jurisdiction on any court by agreement.
3. 'A person who has long been a resident of this state, but who removes from his dwelling house therein and goes to another state and resides there during the greater portion of each year thereafter, with the intention of remaining indefinitely,
Page 636
thereby establishes his domicile in and becomes a resident of the state to which he has so removed and ceases to be a resident of this state within the meaning of Code, 48--2--8.' Pt. 1, syllabus, Sutton v. Sutton, 128 W.Va. 290 (36 S.E.2d 608).[151 W.Va. 275] 4. 'In a divorce suit the finding of fact of a trial chancellor based on conflicting evidence will not be disturbed on appeal unless it is clearly wrong or against the preponderance of evidence.' Pt. 3, syllabus, Taylor v. Taylor, 128 W.Va. 198 (36 S.E.2d 601).
W. Robert Carr, David W. Knight, Princeton, for appellant.
Arthur F. Kingdon, Bluefield, for appellee.
BERRY, Judge:
This action for a divorce was instituted in the Circuit Court of Mercer County, West Virginia, on January 26, 1965. On June 11, 1965, the Circuit Court dismissed the action on the ground that it did not have jurisdiction of the case. Upon application to this Court an appeal and supersedeas were granted to the judgment of the Circuit Court on December 13, 1965, and the case was submitted for decision on briefs at the September Regular Term, 1966, of this Court.
The plaintiff and defendant were married on June 17, 1924, at Princeton, Mercer County, West Virginia. The plaintiff, at the time of their marriage, had been a resident of Mercer County since she was eight years of age and the defendant came there about 1922. Some years before 1950 the defendant became engaged in the lumber business at Elk Garden, Virginia. He moved his lumber business to Bluefield, Mercer County, West Virginia in 1950, although they had both resided in West Virginia many years before the removal of his lumber business to West Virginia.
In June, 1961, they jointly purchased with their son and his wife an $18,000 farm in the State of Ohio, upon which a $25,000 home was built for the parents' use, but apparently never occupied. In August, 1961, their home and other real estate in Bluefield was sold at an [151 W.Va. 276] auction, with the statement made by the auctioneer that 'Mr. and Mrs. Belcher are moving out of State and have instructed us to sell.' The purchaser of the home in Bluefield was given possession November 15, 1961, after which they occupied a four room house located on the lumber business property. On about February 2, 1962, the plaintiff instituted a divorce action in the Circuit Court of Mercer County. In about two weeks the parties became reconciled and the divorce action was dismissed. They then moved into a trailer which they placed in a trailer camp at Bluefield, West Virginia. About May of 1962, the Belchers moved their trailer to Mt. Vernon, Ohio, where they lived as man and wife. On July 30, 1962, they purchased a home at 602 Newark Road, Mt. Vernon, Ohio, which they occupied as man and wife from September, 1962, until January, 1963, at which time the parties again had domestic difficulties. On or about January 12, 1963, the plaintiff instituted another divorce action against the defendant in the Circuit Court of Mercer County, at which time she alleged they were residents of Mercer County and that her permanent home for more than two years before the institution of this action had been in Bluefield, West Virginia. This was denied by the defendant's statement that they had lived there for a short time after vacating their home in Mercer County in November, 1961. On March 29, 1963, a property settlement in writing was made by the parties in which it was stated that the defendant agreed that Mercer County should remain the permanent legal residence of the parties if another divorce action was instituted by the plaintiff at a future time and that there would be no contest on the basis of residency. The defendant denied that they intended to make their permanent residence in Mercer County and
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insisted that he merely signed the agreement in order that they could get back together again because they had lived together for 40 years. This divorce action was dismissed in April, 1963, after which they returned to Ohio to live. However, it appears that [151 W.Va. 277] another four room house had been purchased by the parties in Mercer County on East Cumberland Road in May, 1963, which apparently was furnished in November, 1963, and had been occupied for a short time by the...To continue reading
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Wharton v. Wharton, No. 20732
..., 297 S.E.2d 204 [ (1982) ]; Syllabus, Waller v. Waller, 166 W.Va. 142, 272 S.E.2d 671 (1981); Syllabus Point 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 (1966); Syllabus Point 3, Taylor v. Taylor, 128 W.Va. 198, 36 S.E.2d 601 (1945). Syllabus, Fizer v. Fizer, W.Va. , 310 S.E.2d 46......
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Sandusky v. Sandusky, No. 14677
...will not be disturbed on appeal unless it is clearly wrong or against the preponderance of evidence." Syl. pt. 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 (1966), quoting, syl. pt. 3, Taylor v. Taylor, 128 W.Va. 198, 36 S.E.2d 601 2. "Alimony must not be disproportionate to a man's......
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S.L.M. v. J.M., No. 16371
...W.Va., 272 S.E.2d 671 (1980); Syllabus Point 4, Horton v. Horton, W.Va., 264 S.E.2d 160 (1980); Syllabus Point 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 We have also held that when a case is tried before a judge in lieu of a jury, the rules relating to the admissibility of eviden......
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Wharton v. Wharton, No. 20732
..., 297 S.E.2d 204 [ (1982) ]; Syllabus, Waller v. Waller, 166 W.Va. 142, 272 S.E.2d 671 (1981); Syllabus Point 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 (1966); Syllabus Point 3, Taylor v. Taylor, 128 W.Va. 198, 36 S.E.2d 601 (1945). Syllabus, Fizer v. Fizer, W.Va. , 310 S.E.2d 46......
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McComas v. McComas, No. 16755
...W.Va. 5, 297 S.E.2d 204 (1982); Syllabus, Waller v. Waller, 166 W.Va. 142, 272 S.E.2d 671 (1980); Syllabus point 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 (1966); Syllabus point 3, Taylor v. Taylor, 128 W.Va. 198, 36 S.E.2d 601 2. "Prior to the death of a donor depositor, a rebut......
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Sandusky v. Sandusky, No. 14677
...will not be disturbed on appeal unless it is clearly wrong or against the preponderance of evidence." Syl. pt. 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 (1966), quoting, syl. pt. 3, Taylor v. Taylor, 128 W.Va. 198, 36 S.E.2d 601 2. "Alimony must not be disproportionate to a man's......
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S.L.M. v. J.M., No. 16371
...W.Va., 272 S.E.2d 671 (1980); Syllabus Point 4, Horton v. Horton, W.Va., 264 S.E.2d 160 (1980); Syllabus Point 4, Belcher v. Belcher, 151 W.Va. 274, 151 S.E.2d 635 We have also held that when a case is tried before a judge in lieu of a jury, the rules relating to the admissibility of eviden......