Wright v. Genesee Circuit Judge
| Decision Date | 24 May 1898 |
| Citation | 117 Mich. 244,75 N.W. 465 |
| Court | Michigan Supreme Court |
| Parties | WRIGHT v. GENESEE CIRCUIT JUDGE. |
Petition by Dolina L. Wright for a writ of mandamus against the Genesee circuit judge. Granted.
Williams & Wilson, for relator.
It appears that the petitioner, on April 4, 1898, filed a bill for divorce in the Genesee circuit court, in chancery against her husband, Henry W. Wright. Defendant lived in Tuscola county, this state, and on April 11th caused his appearance to be entered in said cause, and demanded copy of the bill. This copy was duly served on the same day, and an application was made for temporary alimony. This application for alimony was set for hearing on April 25th. It appeared on that application that the parties lived together as husband and wife in said Tuscola county until April 3, 1898, when the complainant left her husband on account of his cruel treatment of her, taking with her her two children, and removed into Genesee county adjoining, and on the next day filed her bill for divorce. The circuit court refused to pass upon the merits of the motion, and denied the application for alimony solely on the ground that the complainant had not acquired a residence in Genesee county and therefore the court had no jurisdiction. This petition is for a writ of mandamus to set aside the order so made, and to compel the circuit court to pass upon the merits of the case.
There is no showing in the case but that the complainant, the petitioner here, moved into Genesee county with the bona fide intention to make that county her home. She had two older daughters residing in Genesee county at the time she came there, and she at once took up her residence with them, and still continues to reside there. Section 6228 2 How. Ann. St., provides that "a divorce from the bonds of matrimony may be decreed by the circuit court of the county where the parties, or one of them, reside, or by the court of chancery, on the application by petition or bill of the aggrieved party," etc. Residence means the place where one resides, an abode, a dwelling or habitation especially a settled or permanent home or domicile. Residence is made up of fact and intention. There must be the fact of abode, and the intention of remaining. Estate of Heron, 6 Phila. 90. It must be conceded, under the showing made, that the complainant had abandoned her home in Tuscola county. She had the undoubted right to do this by...
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State v. Hilburn
... ... to authorize more than one circuit judge for one judicial ... circuit, having been held to be in conflict ... Gunter, 170 ... Ala. 165, 54 So. 283; state ex rel. Flinn v. Wright, ... 77 Ohio St. 333; McCully v. State, 102 Tenn. 509, 53 ... S.W ... Residence is made up of fact and ... intention ( Wright v. Genesee Circuit Judge, 117 ... Mich. 244, 75 N.W. 465; State v. Wimby, 119 La ... ...
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...Neff, 95 U.S. 714, 24 L.Ed. 565. One who is not a resident of Michigan may not appeal to its courts for divorce. Wright v. Genesee Circuit Judge, 117 Mich. 244, 75 N.W. 465;Hoffman v. Hoffman, 155 Mich. 328, 118 N.W. 990;Bradfield v. Bradfield, 154 Mich. 115, 117 N.W. 588,129 Am.St.Rep. 468......
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...party was a resident of Chippewa county at the time the present suit was begun or when the decree was entered. Wright v. Genesee Circuit Judge, 117 Mich 244 [75 NW 465 (1898) ]; Reed v Reed, 52 Mich 117 (50 Am Rep 247) [ (1883) ]. Therefore, under section 12728 quoted above, the circuit cou......
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