Smith v. Smith, 11354

• Decision Date: 25 June 1954
• Docket Number: No. 11354,11354
• Citation: 3 V.I. 519
• Parties: GRANVILLE - SMITH v. GRANVILLE - SMITH
• Court: U.S. Court of Appeals — Third Circuit

3 V.I. 519

GRANVILLE - SMITH v. GRANVILLE - SMITH

No. 11354

United States Court of Appeals Third Circuit

Submitted June 25, 1954

Decided June 25, 1954

See, also, 214 F.2d 820

Same case on appeal, see p. 701, this volume

Divorce action by wife. The District Court of the Virgin Islands, Moore, J., Civil No. 119 - 1953, entered judgment denyingdivorce and wife appealed. The Court of Appeals, per curiam, held that decision in prior case was controlling where in absence of proof of domicile court lacked jurisdiction though husband appeared personally and did not contest the action.

Judgment of District Court affirmed.

Divorce, Separation and Annulment — Divorce — Jurisdiction

Where proof failed to establish domicile of plaintiff wife in Virgin Islands, court was without jurisdiction to grant divorce even though husband appeared personally and did not contest action.

DUDLEY, HOFFMAN AND MCGOWAN, Charlotte Amalie, St. Thomas, Virgin Islands, ARNOLD, FORTAS AND PORTER, Washington, D. C., for appellant

WARREN H. YOUNG, Christiansted, St. Croix, Virgin Islands, for appellee

Before BIGGS, Chief Judge, and MARIS, GOODRICH, MCLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges

PER CURIAM

This case is the same with regard to all operative facts and principles of law as Alton v. Alton, 3 Cir., 1953 (2 V.I. 600), 207 F.2d 667, certiorari granted, 1954, 347 U.S. 911, 74 S. Ct. 478, 98 l. Ed 1068; proceedings dismissed because moot, June 1, 1954 (3 V.I. 699, 347 U.S. 610, 74 S. Ct. 736, 98 L. Ed. 987). That decision must govern this. While individual members of the Court have not modified their views as set out in the opinions in that case, all recognize the authority of a decision rendered after due consideration by the Court en banc.

The judgment of the district court will be affirmed.