A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[551] _Rev. Stat._ (1852), 234: of "which _bona fide_ residence
the affidavit of the petitioner shall be _prima facie_ evidence."
[552] _Laws of the State_ (1859), 108.
[553] Act of March 10: _Laws_ (1873), 109; same in _Rev. Stat._
(1896), I, sec. 1031.
[554] _Ter. Laws of Mich._, I, 495.
[555] _Ter. Laws of Mich._, III, 931.
[556] _Rev. Stat._ (1838), 337; _Acts_ (1844), 74.
[557] _Pub. Acts_ (1899), 326, 327. When the order for appearance
is served outside the state, the law requires that the fact of
service be proved by affidavit before a justice or notary whose
legal character and signature must be attested by the certificate
of a court of record. See the earlier act of 1895: _Pub. Acts_
(1895), 371; and _cf._ HOWELL, _Gen. Stat._, II, 1624; MILLER,
_Comp. Laws_ (1899), III, 2657.
Since 1785 Pennsylvania has required that the plaintiff in a suit
for absolute divorce must be a citizen of the state and a resident
therein at least one whole year before the action is begun.[558]
The one-year term is prescribed likewise in Ohio, except when the
action is for alimony alone;[559] in Illinois since 1827, unless
the offense or injury complained of was committed in the state, or
while one or both of the persons resided there;[560] in Minnesota
since 1851, except when the suit is on the ground of adultery
committed while the plaintiff was a resident of the state;[561] in
Wisconsin since 1838-39, except when the cause is adultery similarly
committed, or when the marriage was solemnized in the state and
the plaintiff resided there from the time of such marriage to the
time of bringing suit, or when the wife is plaintiff and the husband
has resided in the state for one year preceding the commencement
of the action;[562] in Iowa since 1838, "except when the defendant
is a resident of the state served by personal service;"[563] in
Colorado since 1861, unless the application is made upon "grounds of
adultery or extreme cruelty when the offence was committed within
the state;"[564] in Kansas since 1855;[565] in Utah since 1878;[566]
in Montana since 1865;[567] in Washington since 1854;[568] in Oregon
since 1862;[569] in California since 1891;[570] in North Dakota
since 1899;[571] and in Wyoming since 1901.[572] In Alaska by the
federal law of 1903, the plaintiff must be an inhabitant of the
district for two years before suit is brought; and the same term had
already been prescribed for Hawaii.[573]
[558] _Cf._ the act of June 20: _Laws of Pa._ (1893), 471; also
in PEPPER AND LEWIS, _Digest_ (1896), I, 1638, 1639; and the act
of Sept. 19, 1785: _Laws of the Com. of Pa._ (1803), III, 105.
[559] BATES, _Ann. Stat. of Ohio_ (1897), II, 2805. The law of
1827 requires two years' residence on the part of the plaintiff:
CHASE, _Stat._, III, 1581.
[560] _Cf._ act of June 1, 1827: _Rev. Code of Ill._ (1827), 182;
HURD, _Rev. Stat. of Ill._ (1898), 632: being the same as _ibid._
(1845), 196.
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