1 Johns. Ch. 204 | New York Court of Chancery | 1814
To give the court jurisdiction, in this case, it must appear that the parties were “ inhabitants of this.state at the time of committing the adultery,” It does appear that the plaintiff (who is the injured party) was an actual resident; but that is not sufficient, as the marriage was not solemnized here. It must then appear, that both parties were inhabitants of this state at the time of the adultery charged; and this fact is not expressly averred, nor does it distinctly and certainly appear as to the defendant. The bill is not sufficiently clear and positive, on this point, to give the court jurisdiction. If this was the fact as to both parties, why not say so by a plain and positive averment ? When the statute confines the jurisdiction of the court over divorces, to persons of a particular description, the bill ought to show distinctly that the parties come within that description. The more I examine the bill, the more uncertain It appears to me, whether the defendant really was an inhabitant of this state at the time of the adultery charged. It does not appear that he was born in this state. He is only stated to have been an inhabitant of it when he married, and then he was a non-resident, for the marriage was solemnized in England ; and it does not appear that he was ever after-wards within this state, except when he visited his wife for two days, shortly after her arrival at New- York, in July, 1813. It appears that he owed large debts in England/ that he remained there for eight months after the marriage, and then came to the United Slates ; but it does not appear
Ordered accordingly.
S. C. ante, 108.
