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BiVORCQuestion Ra» *ed in Adeline-Joseph Smith DivorceCase Answered.THE APPELLATE COURT iTransfers Decision to Supreme C urt—Recom-Ctmends Affirmation.L*s1-r.r-(1Are Adeline and Joseph Smith di-voreed? In fact, was any cause of action, even, ashing a divorce, filed?Joseph, against whom a judgment was rendered in tho Wells circuit court, grantling Adeline Smith the divorce and 000 alimony, July 22,1913, contends not. By his attorneys. Heller, Sutton Heller and Judson W. Tceplc, he appealed to the appelate court and the appellate courthas transferred the same to the supreme court, however recommending• hat the decision of the lower court he affirmed. Word of tho same was received here today by his attorneys.Smith contends that the trial court had no jurisdiction in the cause and his contention is based upon three propositions. The divorce statutes re-• luire the plaintiff to file affidavit withomplaint, stating residence and oe-upation, sworn to before the clerkof the court. The affidavit in Mrs.»Smith’s case was sworn to by her before a notary public in Michigan and no certificate of any clerk of any court in Michigan accompanied it, sho wing that the notary had authority 'o act as such.Therefore he contends that the affi-duvit sworn to before a notary in another state is not an affidavit that an be used in tho state of Indiana, that no certificate of a clerk of a court of Michigan showing that the notary had authority to administer oaths, is no affidavit under the laws of the state of Indiana; and third that the affidavit sworn to before any officer outside of the state of Indiana did not comply with the divorce statutes requiring the affidavit to be sworn tobefore a clerk of the court.♦Justice Shea of the appellate court in giving his opinion, reviews the decisions and the statutes applicable to the cause and recommends that thesupreme court affirm this cause and harmonize the conflicting decisions to harmonize with the several statutes on the subject. It is a ten-page opin-
Newspaper Details
Decatur Daily Democrat
Decatur, Indiana, US
Sat, Jan 08, 1916
Page 1
Full Page
Clipped by
Kathryn M.
TX, USA 28 May 2022
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