Gordon v. Yost

Citations

• 140 F. 79
• 1905 U.S. App. LEXIS 4757

Syllabus

<p>1. Pleadings — Overruling of Demurrer to Plea — Allowing Motion to Reject.</p> <p>Under the common-law practice of West Virginia, as modified and liberalized by decision, a court will not necessarily enter an order of dismissal on the overruling of a demurrer to a plea, but may, on the contrary, after issue has been joined on the plea on the overruling of the demurrer, set aside such issue, and entertain a motion by plaintiff to reject the plea, where it is of opinion that substantial justice will be promoted thereby.</p> <p>2. Domicile — Citizenship of Wife — Desertion by Husband.</p> <p>The rule that the domicile of the husband is that of the wife does not apply in cases of desertion by the husband, and in such ease the wife may be a resident and citizen of a different state from her husband for the purposes of a suit by her in a federal court to recover for the alienation of his affections and causing his desertion.</p> <p>[Ed. Note. — For cases in point, see vol. 17, Cent. Dig. Domicile, §§ 25, 26.]</p>