People ex rel. Martin v. Dolores County Court
| Decision Date | 04 December 1922 |
| Docket Number | 10461. |
| Parties | PEOPLE ex rel. MARTIN v. DOLORES COUNTY COURT et al. |
| Court | Colorado Supreme Court |
Department 2.
Original proceeding by the People, on the relation of Elizabeth A. Martin, against the County Court of Dolores County and George E. Hicks, Judge, for a writ of prohibition.
Writ granted.
Clement F. Crowley and J. W. Kelley, both of Denver, for petitioner.
Elmer Martin, a resident of Dolores county, brought suit in that county against Elizabeth, his wife, for divorce. Her motion to change the place of trial to Denver was denied. She showed that her residence for more than nine months had been in the latter place. Service was by publication. A rule to show cause was granted by this court.
A divorce suit may be brought in the county of plaintiff's residence. S. L. 1917, c. 65, § 5. But the procedure must be according to the Code. Id., § 2. The Code requires the case to be tried in the county of defendant's residence unless service is had in the county of plaintiff's residence. Code, § 29. The motion therefore should have been granted. Let the permanent writ issue with order to the respondent to transfer the cause.
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