181 Ga. 24 | Ga. | 1935
Lead Opinion
Mrs. Madeline Axtell brought an equitable suit in Richmond superior court against Silas Blake Axtell, seeking to have a decree and judgment in a divorce suit obtained in that court set aside and canceled. In her petition she alleges she is a resident of the State of New Jersey, and that the defendant is a resident of the State of New York. She further alleges in substance as follows: The defendant deserted the plaintiff in December, 1925. Prior to that time, and during the time they lived together as husband and wife, the defendant, with the active help and assistance of the plaintiff, accumulated a large estate in realty and other property, naming the properties in the State of New York. As his lawful wife, under the laws of the State of New York, she had a vested interest or dower right.of one third of all
To this petition certain amendments were filed, which it is not necessary to set out. The defendant filed a plea to the jurisdiction, and demurred on several grounds. The court overruled both the plea'and the demurrer, and the defendant excepted.
Substantially there are two questions presented, and the rulings
Judgment affirmed.
Dissenting Opinion
dissenting. In my opinion the court clearly erred in not dismissing the petition for lack of jurisdiction. According to the record, neither the plaintiff nor the defendant was a resident at the time the present petition was filed or at any other time. The petition alleges that the petitioner is a resident of Newark, N. J., and the defendant a resident of New York, N. Y. As to the litigation between them the courts of this State have no jurisdiction. In the majority opinion the jurisdiction is sustained on the theory that, as to the marriage relation between the parties, there existed what is known as a status which would support a proceeding in rem. In Fleming v. West, 98 Ga. 778 (supra), such a