The sun., 1901-04-17
WHO rs DIVORCED OR MOTT
LAWYERS AWAIT FULL TEXT FROM q. s.
SUPREME COURT.



the heads OF those households had read the
morning papers According 10 the opinion
O, most of the New York legal divorce sharps'
however. the decision does not mean that tho
courts will declare invalid any divorce OBJ
ta!ned anywhere. when both parties have
put themselves within the jurisdiction OF
the courts OF the State In which the divorce
was obtained II does, however, according
10 the lawyers, mean that divorces obtained
I'm n foreign stats may be invalidated where
the defendant has not appeared either IN
person or by counsel. or been served with
tho papers in tho action In soma other way
than the service by publication. which the
law Of Dakota has recognized as sufficient.
This applies not only to the Dakotas but TO
al other States. According 10 this interpre-
tation. II you have secured a divorce from
your wife or husband In the Dakotas. after
he or she appeared either In person or by
attorney the divorce is all right. II no
such appearance was made. then your pres
ent matrimonial arrangements. II YOU have
any. may be upset II your former partner
chooses to attack them,
Abe uumInel. the personal conductor OF
tho divorce business Of Howe 4 Hummol.
didn't seem 20 find anything startling in the
decision lie said that 1t simply affirmed tho
decisions Of the New York courts. which have
been asked 10 review Dakota and other di-
vorces Mr.. Hummel said that the main aues-
ton considered by the United States supreme
court was tuo question of bona iide residence
or matrimonial domicile" Mr.. Hummel
concluded that the decision meant to say
In substance that the Dakota practice Of
service by publication on the defendant was
Mt sufficient to bring the defendant within
iITl~Ilt OF the court or To give lle
defendant matrimonial domcle' IN the
State wher" the divorce Was sought AZ
NJ. lIumnlHl mt il.
The United states Supreme Court says
in effect that unless both parties to the Issue
come within the jurisdiction OF foreign
state any decisions issuing from the courts
Of that state viii prov" Intellectual ms
doc, not mean that the defendant must he
absolutely physically present m the foreign
Sf0te 10 contest the action. bat II the papers
ir The case are served upon the defendant
wherever hc may be, and the deienutnt.
through Hu attorney, honestly contests lhe
litigation IN all ~ phase, then Whatever
decision ia rendered Will he respected by
all of no - itc~ in the Union To rut It Drleny
the UiIiuUG must br an actual bona hue
resident of q State before he or she can get "a
dvorc" Now, 10y simply Ignoring the ser
Nlcc Of N" papers. IN" d"f'ndnnt can lh.He
mil ana void decision gr nted where tis
lIalntlH ha- i1N"n Gp i'Hp"IiIy ir'I,"hC, g,
iu d foreign stat" for the mere purpose oi
getting divorce, but u me GeI'hu't r.
eponds aud then lD.", he will, have % aDide
bv the decision
There H. nothing in the suns version Of
th" decision To n" "n"'t that both lartles
80 the suit must Ice rr-ldou's OF the state
where il ., brought IN" lawyers would hke
60 know iu-t what Va" text Of IN" decision Is.
After studying varIpu, versions II various
newspaper manuel Friend said:
The meaning oi his decision hinges upon
the meaning OF alrIin"n,al donn lr, NHa1
constitutes 'natrimunIai doml,i,e' IL may
boa ,uued. from the decision that he 'matu-
ru.lll ip' lu'.' j. the pine" when N" larlr7
80 ur mn n'.lu"h1I ,Htl"'mrn' Mo. nu,,