Mauser v. Mauser

Citations

• 59 Pa. Super. 275
• 1915 Pa. Super. LEXIS 63

Syllabus

<p>Divorce — Jurisdiction—Residence in county.</p> <p>1. An averment in a libel for divorce that the libelant was a resident of the county in which the libel was filed does not stand on any higher plane as to conclusiveness than any other essential averment, therefore, it does not preclude the court from dismissing the libel if, upon hearing, it is shown that the libelant was not a bona fide resident of the county.</p> <p>2. The Act of May 9,1913, P. L. 191, does not abrogate the provision of the Act of March 13, 1815, that a libel in divorce shall be exhibited in the county where the injured party resides.</p> <p>3. A libel in divorce will be dismissed because of the nonresidence of the libelant in the county in which the libel is filed, where it is shown that the libelant had no room or dwelling in the county other than he stopped one night at a hotel, without even registering, that he was not engaged in any business in the county, and never announced any intention to make the county his home.</p>