Summerville v. Summerville

Citations

• 31 Wash. 411
• 72 P. 84
• 1903 Wash. LEXIS 646

Syllabus

<p>DIVORCE-RESIDENCE OF PLAINTIFF.</p> <p>Residence in the state and county a year prior to an action for a divorce is sufficiently established by evidence showing that plaintiff took up her residence in Seattle some twenty months prior to the commencement of action, and that, while she had been out of the state a portion of the time, it had merely been for employment, her baby having been left within the state and it having been her constant intention to make Seattle her home.</p> <p>SAME-PROOF OF MARRIAGE-SUFFICIENCY OF EVIDENCE.</p> <p>Upon an issue in a divorce case as to the marriage of the parties, the fact of marriage is sufficiently established, as against the husband’s claim that merely a contract therefor was entered into which was void under the law of the place, where the undisputed evidence shows that they cohabited as man and wife, and held themselves out to the public as sustaining that relation, during which time they had offspring as the result of their union; and, upon the disputed question of whether a marriage ceremony preceded their cohabitation, the wife was sustained by corroborating circumstances in favor of such contention, while the husband, who contradicted her, was impeached in several particulars while giving testimony.</p>