decided: April 15, 1901.
ERROR TO THE COURT OF ERRORS AND APPEALS OF THE STATE OF NEW JERSEY.
[ 181 U.S. Page 182]
MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.
This case must follow Bell v. Bell, ante, 175. The law of
[ 181 U.S. Page 183]
North Dakota requires a domicil in good faith of the libellant for ninety days as a prerequisite to jurisdiction of a case of divorce. Smith v. Smith, 7 North Dakota, 404, 413. The facts in evidence warranted, and indeed required, the finding that the husband had no bona fide domicil in the State of North Dakota, when he obtained a divorce there, and it is not pretended that the wife had an independent domicil in North Dakota, or was ever in that State. The court of that State, therefore, had no jurisdiction.
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