Reed v. Reed

Citations

• 59 Pa. Super. 178
• 1915 Pa. Super. LEXIS 42

Syllabus

<p>Divorce — Nonresidence of libelant — Evidence—Domicile.</p> <p>1. A libel for divorce will be dismissed because of the nonresidence of the libelant, where it appears that the libelant left the state of Pennsylvania twenty years before the libel was filed, that with the exception of occasional visits to relatives and a stay of three months long before the libel was filed, he had never returned to the state, that he had served for ten years in the militia of another state, had voted at a municipal election therein, and that when he enlisted as a soldier in the Spanish war he gave his residence as in New York.</p> <p>2. The presumption is that where a person lives, there is his domicile, especially where he has no family elsewhere, and while no particular length of residence is necessary to fix a person’s domicile, yet in the absence of any avowed intention and of acts which indicate the contrary intention, a long continued residence is regarded as a controlling circumstance in determining the question of domicile.</p>