account for the period covered from February 17th, 1942, to February 25th, 1942, inclusive. The purpose of the trip or expenditure covered by that exhibit is stated to be "N.E.A. Exhibit," meaning the National Educational Association meeting held at San Francisco, California, where the American Automobile Association had an exhibit.
This exhibit 13 is supported by passenger's receipt issued by the Mid-Continent Airlines and, also, by receipt of the Manx Hotel, San Francisco, California. The passenger's receipt, issued by the Mid-Continent Airlines, is stamped St. Louis February 17th, 1942, and calls for airplane transportation from St. Louis, Missouri, to San Francisco via Des Moines, Iowa.
The statement of the Manx Hotel, San Francisco, discloses that Noffsinger was in the State of California for three days, that is, on 20th, 21st and 24th days of February, 1942. Noffsinger asked and received allowances for expenses for those days.
Noffsinger's testimony as to his actual, physical presence in Nevada, as also the testimony of his landlady, the corroborating witness, was definite and positive that he was in Reno from January 6th, 1942 each and every day except for the period from January 16th, 1942 to February 16th, 1942, inclusive. The trial judge was led to believe by Noffsinger and his corroborating witness that the former was actually and physically present in the State of Nevada and resided there for a period of fortyfour (44) days before he brought the suit on the 23rd day of March, 1942. In making the count and in conformity with the Nevada statute, the first day of residence, that is January 6th, 1942, is included and the day on which "suit be brought", that is March 23rd, 1942, is excluded.
Noffsinger wilfully concealed the true facts from the Nevada court. He did not disclose the fact, which the evidence conclusively establishes and which he knew to be the fact, that for three days in February, the 20th, 21st and 24th, he was not "actually, physically and corporeally" present in Nevada but on the contrary was in the State of California "on business" for the American Automobile Association. As a matter of fact, Noffsinger was actually and physically present in the State of Nevada forty-one (41) days before he brought the suit, or less than six weeks. But if we consider that his intention to become a resident of Nevada became definite and fixed on the 9th day of January, 1942, the day on which he abandoned his claim of residence in Indiana by dismissing his motion for new trial, then, since physical presence and intention must concur, he resided in Nevada only thirty-eight (38) days before he brought his suit. In either event, the Nevada court lacked jurisdiction and the divorce is invalid there as it is here.
The divorce is invalid in Nevada for another reason. Noffsinger went to the state solely for the purpose of obtaining a divorce. He had no intention to reside there permanently or indefinitely. He quit the state the 9th day of May, 1942, the very day the divorce was granted, and all he left in Reno was a forwarding address and a small bank account. He was an adept at "making evidence" for himself to be used in this proceeding. With reference to the forwarding address, he said: "I have purposely done it the way I did in order to have an additional claim for residence in the State of Nevada," and when the Court suggested, "In other words, you are making evidence for yourself," he replied "Yes, sir, definitely."
For this purpose he paid the March, 1942 instalment of income tax to the Collector of Internal Revenue at Reno; made application for appointment as a Reserve Officer March 18, 1942, giving his address as 100 Court Street, Reno; paid a poll tax in Nevada September 2nd, 1942; joined the California State Automobile Association the same day, giving the same Court Street address and also obtained a Nevada operator's license, although his District of Columbia driver's permit was still in force.
Finally to complete his folly, he married Mrs. McGuire. The wedding took place in Missouri December 31st, 1942. At that time Mrs. McGuire was living with her parents. Since their marriage they have established a home in St. Louis. No effort was made to establish his longed for home in the State of Nevada.
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