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
[561] _Cf._ _Rev. Stat. of Minn._ (1851), 274; _Gen. Stat._
(1894), I, 1268, 1269.
[562] The development of the Wisconsin law of residence may
be traced in _Stat. of the Ter._ (1838-39), 140; _Rev. Stat._
(1849), 395; _ibid._ (1858), 623-28 (in which the clause
referring to the wife as plaintiff first appears); _Ann. Stat._
(1889), I, 1368.
[563] The petition for divorce "must state that the plaintiff
has been for the last year a resident of the state, specifying
the township and county in which he or she has resided, and the
length of such residence therein after deducting all absences
from the state; that it has been in good faith and not for the
purpose of obtaining a divorce only"; and "in all cases it must
be alleged that the application is made in good faith and for the
purpose set forth in the petition."--_Ann. Code of Ia._ (1897),
1137; same in _Code_ (1873), 339. See also act of Dec. 29, 1838:
_Laws_ (1838-39), 179, 180, first fixing the period of one year's
previous residence.
[564] "Provided, further, that such suit shall only be brought
in the county in which such plaintiff or defendant resides, or
where such defendant last resided."--MILLS, _Ann. Stat. of Col._
(1897), III, 437, 438; being the act of 1893: _Laws_, 239. _Cf._
the original act in _Laws of Col._ (1861-62), 360, 361, fixing
the one-year term.
[565] _Laws of Kan._ (1897), II, 273; being same as _Gen. Stat._
(1868), 757. _Cf._ original act of 1855: _Stat._ (1855), 311.
In 1859 the term of residence was reduced to six months, but
the one-year period was restored the next year: _Laws of Kan._
(1859), 385; _ibid._ (1860), 108. Now the petitioner must be a
resident of the county of the action.
[566] See the preceding subsection.
[567] _Comp. Codes and Stat. of Mont._ (1895), 482. See _Acts_
(1864-65), 430.
[568] _Ann. Codes and Stat. of Wash._ (1897), II. 1596; _Stat._
(1854), 405-7. The term was reduced to three months in 1864,
but restored to one year in 1866: _Stat._ (1864), 13; _Stat._
(1865-66), 89, 90.
[569] When the marriage was solemnized in the state, it is
sufficient if the plaintiff be an inhabitant thereof at the
commencement of the suit. If not solemnized in the state, both
parties must be inhabitants at the commencement of the suit, and
the plaintiff for one year before (act of 1862). The plaintiff
must be an inhabitant of the state at the commencement of
the suit and for one year before; "which residence shall be
sufficient to give the court jurisdiction, without regard to the
place where the marriage was solemnized, or the cause of suit
arose" (act of 1865): _Codes and Gen. Laws_ (1902), I, 277. By
the act of 1853, in force till 1862, the term of residence was
fixed at six months: _Gen. Laws._ (1852-53), 49-51.
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