New Britain herald., 1928-03-01
M|LLERAND PLANS
 DIVORCE APPEAL
BdieYes Decision in Colby Case
 Most Important

Paris. March 1 P-pecision of the Versailles tribunal that 1t was without jurisdiction in the appeal of Bainbridge Colby for divorce, is to be appealed. The decision has raised fears that Americans in the future will find it difficult to get Paris di vorces.
 Alexander Milerand. formerly president of France. who is counsel for the former American secretary of state. said he intended to appeal as soon as he had opportunity to consult with his client
 The court in deciding that il was without jurisdiction i'll the plea ot MT. Colby for a divorce from the former Nathalie Scdgwick Of Stock bridge, Mass. said Colby apparently had not given up his home in the United States, although he had been Twin ill France for II months.
 sounds knell
 In selecting a prominent case 10 render such decision, the French court was regarded in some legal circles to have sounded the death knell of easy divorce, The long campaign against foreigners using French courts 10 sever domestic ties lawyers said, had borne its first fruits.
 An appeal will open up the pros pect Of long and intricate litigation for the question Of domicile upon which the judgment turns is one ot the knottiest in law. Hitherto the courts have been satisfied with continuous occupancy Of six months. In recent years 1t has been the practice of Americans merely to rent q room or apartment in Paris or vicinity and call that their legal residence.
 So long as the concierge accepted the mail and told callers they lived there. such residence was generally acctepted. although the plaintlit could usually managed to be mot at home" pretty steadily.
 To Get Divorce
 MT. Colby arrived in Paris early last spring and announced publicly that he had come to get divorce. He took an apartment In Avenue Mel, but later decided to file suit at Versailles and rented house few miles from there. He let several months pass before filing suit at the end of the summer. His lawyer cX- piained that he wanted to conform strictly to French law. even to tho extent of sending the papers to America and having them served there upon his wife. The court de cided it was without jurisdiction, however. It's decision said
 ''Whereas, the married couple Colby are both of American nation ality and were married in 1895 in Massachusetts under the regime Of separation of properties.
 Whereas, the French tribunals are in principle incompetent of ac- knowledging divorces between for eigners:
 "Whereas, It does not appear that NJ. Colby moved his domicile to France, but that he inhahits in fac sl IouSC Pldltl dl 1il3 dlSPo.oda by friend in September, 1925:
 Whereas. Madame Colby resid' in New York and papers for h' were served at the court of procu' eur of the republic in the depar, ment of Seine-et-oise:
 For these reasons, this trihun' declares itself incompetent"
 Those American lawyers who too an optimistic view pointed out tha' other tribunals are not necessaril bound to follow the Versailles couf in strict application o. the principl, Of the laws.
 Lawyers were certain also tha' the decision could have no effect C. diyorces already granted