160 Ind. 407

Becker v. Becker.

[No. 20,045.

Filed April 8, 1903.]

Divorce. — Residence of Plaintiff. — Witnesses.—Qualification.—A divorce decree will be reversed on appeal where there was no evidence that the- witnesses as to the residence of plaintiff were resident freeholders and householders of the State as required by §1043 Bums 1901.

From Pulaski Circuit Court.; G. W. Breeman, Judge.

*408Suit for divorce by Elizabeth Becker against Charles Becker. Erom a decree for plaintiff, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.

Reversed.

William Spangler and J. M. Spangler, for appellant.

Monks, J.

Appellee sued for and obtained a decree of divorce and judgment for alimony.

It is insisted by appellant that proof of appellee’s residence in the county and State was not made by two witnesses, who were “resident freeholders and householders of the State,” as required by §1043 Burns 1901, §1031 R. S. 1881 and Horner 1901. We find, on examination of the evidence, that it was not shown that said witnesses possessed the qualifications reqrdred by said section. It follows that there was no evidence to sustain the allegations of the complaint in regard to appellee’s residence, as required by, said section of the statute, and that the trial court erred in overruling appellant’s motion for a new trial.

The judgment' is therefore reversed, with instructions to sustain appellant’s motion for a new trial.

Becker v. Becker
160 Ind. 407

Case Details

Name
Becker v. Becker
Decision Date
Apr 8, 1903
Citations

160 Ind. 407

Jurisdiction
Indiana

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!