[Download] "Marie Phyllis Ortell v. Frank J. Ortell" by Division A. Supreme Court of Florida * Book PDF Kindle ePub Free

February 18, 2021

eBook details

Title: Marie Phyllis Ortell v. Frank J. Ortell
Author : Division A. Supreme Court of Florida
Release Date : January 16, 1926
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

BROWN, C. J. -- The appellee, Frank J. Ortell, exhibited his bill in the nature of a bill of review against the appellant, Mary Phyllis Ortell, in the Circuit Court of Duval County seeking to review and annul a decree of divorce obtained a few months previously in said court by Marie Phyllis Ortell against said appellee, upon the ground that the complainant in said suit for divorce had not been a bona fide resident of the state of Florida for two years next preceding the filing of said bill for divorce. In this bill for review, the residences of both parties were alleged to be in the City and State of New York. However, it is averred elsewhere in the bill that the said Marie Phyllis Ortell had been a bona fied resident of the City and State of New York from A.D. 1911 to November 10, 1920, at which time she left her husband in New York and went to Jacksonville, Florida, where her mother lived, promising to return later, but that she did not return and refused to return. That bill prayed personal process by subpoena against the defendant, appellant here. Thus it is probable that the averments of the bill impliedly admit that the defendant had ceased to be an actual resident of New York before the bill was filed. Perhaps the averment