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STEWART v. STEWART

No. 10555.

185 F.2d 436 (1950)

STEWART v. STEWART.

United States Court of Appeals District of Columbia Circuit.

Decided November 2, 1950.

Attorney(s) appearing for the Case

Rolland G. Lamensdorf, Washington, D. C., with whom Jesse B. Messitte, Washington, D. C., was on the brief, for appellant.

Harry L. Ryan, Jr., Washington, D. C., for appellee.

Before WILBUR K. MILLER, WASHINGTON and GRONER (retired), Circuit Judges.

PER CURIAM.

The divorce statutes in effect in the District of Columbia prohibit the granting of a decree of divorce to any person not a bonafide resident of the District for one year preceding the filing of his complaint. And we have said the word "residence" means domicile. Downs v. Downs, 23 App.D.C. 381. The only question in this case is whether plaintiff-appellee has sustained this burden. Two of the judges of the District Court who saw the witnesses and heard...

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