Streitwolf v. Streitwolf/Opinion of the Court

by Horace Gray

United States Supreme Court

181 U.S. 179

Streitwolf  v.  Streitwolf

 Argued: and Submitted November 14, 15, 1900. --- Decided: April 15, 1901

This case must follow Bell v. Bell, 181 U.S. 175, ante, 551, 21 Sup. Ct. Rep. 551. The law of North Dakota requires a domicil in good faith of the libellant for ninety days as a prerequisite to jurisdiction of a case of divorce. Smith v. Smith, 7 N. D. 404, 413, 75 N. W. 783. The facts in evidence warranted, and indeed required, the finding that the husband had no bona fide domicil in the state of North Dakota, when he obtained a divorce there; and it is not pretended that the wife had an independent domicil in North Dakota, or was ever in that state. The court of that state therefore had no jurisdiction.

Judgment affirmed.

Notes