Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-11-21
JURISDICTION IN
DIVORCE CASES
An important Opinion Handed
Down by the Supreme
Court.
WRIT OF MANDAMUS GRANTED
In Case OF Emma Is. Allrach Against
Her Iiusband--Court Ordered
To Give Decree.

An opinion was handed down by tho
supreme court yesterday afternoon.
which settles the matter OF the juris-
dictlon OF the courts OF this state to
grant divorces where service is made
on tho defendant by publication and
whore the defendant is not resident
Of the state at the time the action
Is instituted. The opinion was rem
derod In the case OF Emma X. Aldrach
against John l.. Aldraoh. and It grants
a peremptory writ Of mandamus
against Judge c. w. Morse OF the dis
trlct court requiring hhn 10 render a
decree or divorce In favor Of plaintiff.
SUMMONS BY PUBLICATION.
From the facts IN the case It appears
that the plaintiff and defendant were
married IN this state and had estah-
lished "domiclle Of matTlmony" with
In the stete. The defendant deserted
plaintiff and left the state. wheroupon
she filed suit for divorce and the sum
mons in the case was served by pub
lication Judge Morse found that the
plaintiff had sufficient grounds for d.
vorco hut that according to the ru-
Ing OF the United States supreme court
IN the case OF Haddock w. HaddOck,
he had no jurisdiction over defendant.
and hence could not grant divorce.
The plaintiff then appealed TO the SUI
preme court for a writ Of mandamus.
THE PADDOCK CASE.
The opinion Of the supreme court.
which was written by Justice Frlck
and coneurred In by Chief Justice Me-
Carly and Justice Straup, reviews the
Haddock case and then lays down the
rule which will guide tho courts Of
this state In regard Ia the matter OF
divorces by publication. The opinion
does not agree with Judge Morse's con-
struction of the Haddook decision and
In relation TO the latter case has the
following to say:
AS we read this case. the one ESSEN
tlal to confer Jurisdiction upon the
state court in divorce proceedings IL
what Is denominated IN that case as
the domicile Of matrmony and that
such domicile must be within the state
where the action is planted and be
with the party bringing the action. If
such domicie exists, then the state
courts have full power to sever the
marital relations upon constructive SER
vice in cases where statutory residence
and a cause for divorce co-exist."
CONDITIONS SET FORTH.
Tho mere fact that the defendant de-
serts plaintff does not affect the DOM
icile OF matrlmony which confers juris-
diction upon the state courts over the
parties to the action. The court then
sets forth the following conditions under
which divorces may be granted, upon
proper cause, IN compliance with the
ruling. of the United States supreme
court IN the Haddock case:
/. In cases like the Aldrach case,
where the parties are residents OF the
state at tho time Of the marriage, and
thus establish a domiclle of matrimo-
ny In the state. and the complaining
party continues the domicile up to the
commencement Of the action.
2, In all cases where the parties are
married ont OF the state, but come 10
reside In the state afterward and rec
ognize the marriage within the state,
thus establishing a domicile of matri-
mony therein. and the party bringing
the action continues the domicile up to
the time of commencing II.
.. In all cases where statutory
cause and residence co-exlst.
DoMIcILE ESTABLISHED.
The supreme court holds that as the
domicile of matrlmony had been estab-
lished In this state by the parties to
the Aldraeh action, the lower court
should have granted plaintiff q d.
vorce. A peremptory writ or man
damus was accordingly issued against
Judge Morse compelling him to enter
a decree The decision Of the supreme
court IN this matter II very import
ant, as there are a large number OF
divorce cases now pending in this state
which depend upon the ruling OF the
court on the question of service by
publication TO bring them within tho
jurisdiction Of the state courts,