(Download) "Applegate v. Riggall" by Supreme Court of Arkansas * eBook PDF Kindle ePub Free
eBook details
- Title: Applegate v. Riggall
- Author : Supreme Court of Arkansas
- Release Date : January 15, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The only question here is the validity of Act 36 of 1957, which added the following provision to the statute governing the matter of residence in divorce cases: "The word `residence as used in Section 34-1208 is defined to mean actual presence and upon proof of such the party alleging and offering such proof shall be considered domiciled in the State and this is declared to be the legislative intent and public policy of the State of Arkansas." Ark. Stats. 1947, 34-1208.1. The effect of the 1957 statute is to substitute residence, in the sense of physical presence, for domicile as a jurisdictional requirement in divorce cases. The chancellor held the act unconstitutional and, finding that the plaintiff-appellant is not domiciled in Arkansas, dismissed his suit for divorce.