Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1908-06-25
DIVORCE is SET ASIDE.
Peculiar Predcament of South pa
kota Man. Now Remarked.


A decision which has just been rem.
dered by Judge Jones of the state cir
cult court in Sioux Falls in the case
of Carrie E. Goltra against Judson E.
Goltra, will bring CONSERVATION to-
those of the divorce colonies In Sioux
Falls and elsewhere in the state, who
have maintained merely a suitcase"
residence in the state by renting a
room within the boundaries of the
state and occupying it just long
enough to give the appearance Of a
bona tide residence.
The case is an action brought by
Mrs. Goltra to annul a judgment Of
divorce rendered by default in No
vember, 1908, upon the ground that
the court was without jurisdiction to
render the verdict by reason of the
plaintiff, Judson f. Goltra, not having
acquired legal residence prior to the
commencement of the action and be-
cause of fraud practiced upon the
court in the procuring Of the judg-
ment.
The complaint alleges that Gotra
came to Sioux Falls in June, 1908,
rented a room and for about two
months Travelled in the state in his
employment as credit man for Butler
| Bros. of Chicago, when he was trans
fered to North Dakota, where he re-
sided until a few days ago before the
date his decree of divorce was OBJ
tained when he returned to Sioux
Falls.
On the trial Of the case Goltra
swore that he had resided in/Sioux
Falls and had been engaged IN bust
ness here since the 14th dE of the
previous February, although numerous
letters were set forth in the complaint
showing him to have been travelling in
New York and Vernon. up to the lat
ter part of June. IN~support of the
charge Of desertion Goltra introduced
at the hearing in his divorce case let
by Mrs. Goltra, wherein she is de-
clared to have refused to live with
him. But Mrs. Goltra alleges in her
complaint that these letters were for
geries, and charges that they were
distracted from the court files of the
case after the hearing in order that
the fraud might not be detected
A week after the divorce was Sc
cured Gotra married Josephine E.
Carter Of St Johns Mich, and located
at Detroit, Mich, where he engaged
in business. Mrs. Goltra No. fol-
lowed him there and procured war
ran. for his arrest upon the charge
Of bigamy, but before service could
be made Goltra had taken a hurried
departure for South Dakota.
A requisition was issued for his re-
turn to Michigan, but was not honored
by the governor of South Dakota.
Subsequently, upon an application of
Mrs. Goltra for support and main
tenance, brought in the circuit court
of Wayne county, Michigan, the court
found the South Dakota judgment of
divorce to have been procured by
fraud and entered decree requiring
Goltra to pay the complainant 500
per month for her support.
In the action now pending in the
state circuit court in Sioux Falls to
vacate and annul the decree of di-
vorce rendered in 1903, Goltra filed
demurrer upon the grounds that
Mrs. Goltra No. l was barred by rea-
son of lapse Of time from attacking
the divorce, particularly as child had
been born to Goltra and his present
wife
But this defense now has been over
ruled by Judge Jones. Goltra at pres
ent resides in Madison, S. D. He CON
ducts moving picture houses at Madi-
son and Rapid City Mrs. Goltra No.
l now resides in Chicago but it is
reported she will in the near future
remove to Madison, where her three
children have been attending school.