34 Ind. App. 128 | Ind. Ct. App. | 1904
It appears from the record in this case that on June 15, 1901, áppellee filed in the St. Joseph Circuit Court her complaint against appellant, asking for support» as provided and authorized by §§6977, 6978 Burns 1901, §§5132, 5133 R. S. 1881. No process was issued "or publication had. Appellant did not appear or answer this complaint and was never in court voluntarily or otherwise for that purpose. On September- 13, 1901, an additional, or what was designated as a “third paragraph of complaint,” was filed by appellee, in which she averred residence in .the State of Indiana and in St. .Joseph county, as provided by §1043 Bums 1901, §1031 R. S. 1881; marriage of appellant and appellee; a living together as husband and wife; separation; that they had not lived or cohabited together as husband and wife after separation; stating name of appellee before marriage; acts of cruel and inhuman treatment of appellee' by appellant; kind and
Appellant moved for a new trial, assigning as reasons therefor: (1) That the decision of the court is not sustained by-sufficient evidence; (2) that the decision of the court is contrary to law. The motion was overruled, and. exception and appeal taken. The evidence is in the record.
The appellant insists (1) that the evidence does not establish the residence of appellee, as required by §1043, supraj (2) that the proof of residence of appellee in the State for two years, and in the county for six months immediately preceding the filing of the petition, was not made at the trial by two witnesses who- were at the time resident freeholders and householders of the State.
The burden was on appellee to make proof of her bona fide residence in the State for two years and a bona fide
Under our statute the satisfactory evidence required'to show residence by petitioner in a divorce proceeding must be made “by at least two witnesses who' are resident freeholders and householders of the State.” In our opinion witnesses Kretzmer and Krych duly qualified as such witnesses. The record in this case shows that when these witnesses were giving their testimony at the trial of this cause they were at the city of South Bend; one residing in that city, the other in the country, and both in St. Joseph county, Indiana. They were both householders, Krych owning sixty acres of real estate, and by a fair interpretation of his testimony by “out there” he meant the place of his residence, which was in Indiana, six miles south of the city of South Bend. Kretz
Einding no error in the record, the judgment of the circuit court is affirmed.