Luce v. Luce

Citations

• 15 Wash. 608
• 47 P. 21
• 1896 Wash. LEXIS 261

Syllabus

<p>APPEAL — MOTION TO DISMISS — DIVORCE — RESIDENCE OF PLAINTIFF — ABUSIVE TREATMENT.</p> <p>A motion to dismiss an appeal, which is not set out in respondent’s brief, will not be considered, when it raises no jurisdictional question.</p> <p>In an action for divorce plaintiff must affirmatively plead, and satisfactorily prove, prior residence in the state for the period of a year or more.</p> <p>The fact that plaintiff left his home in the East and came to the state of Washington in search of a location, afterwards going to the state of California in pursuit of the same object, and then returning to the state of Washington, where he settled and went into business, is not sufficient to establish his residence here before his return from California, in the absence of proof of any intention to make a definite location in this state prior to his actual settlement.</p> <p>Plaintiff is not entitled to a divorce upon the ground of abuse, when the only evidence to support the action is proof, in the most general terms, of abusive language od the part of defendant, and plaintiff’s own testimony shows that he was alike culpable.</p>