Barning v. Barning

Citations

• 46 Pa. Super. 291
• 1911 Pa. Super. LEXIS 269

Syllabus

<p>Divorce — Domicile—Residence—Intention.</p> <p>1. The expressed intention of a woman before marriage that her husband’s domicile shall not be hers, even though assented to by him will not prevent her from acquiring at marriage the domicile of her husband in another state, and if she goes with her husband to the state of his domicile, and there cohabits with him, and subsequently returns to Pennsylvania, she will have no standing in a suit for divorce until she has maintained an actual bona fide residence in Pennsylvania for the statutory period of one year from the date of her return to the state.</p> <p>Divorce — Amendment—Residence—Domicile.</p> <p>2. Where a libel in divorce by a wife alleging cruel and barbarous treatment is filed before the expiration of one year from the date mentioned as the beginning of the wife’s legal residence in Pennsylvania, and an amendment is filed alleging an earlier date, the date of filing the amendment cannot be considered as the true date in computing the year’s residence of the libelant.</p> <p>3. The words of the statute are plain, and not open to a construction which would make the date of an amendment of the libel, instead of the date of filing the libel, the period prior to which the year’s residence is to be computed.</p>