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MUNSEE v. MUNSEE

No. 9351.

12 Utah 2d 83 (1961)

363 P.2d 71

BYRON C. MUNSEE, PLAINTIFF AND APPELLANT, v. EDNA MUNSEE, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

June 20, 1961.

Attorney(s) appearing for the Case

Jed W. Shields, Robert S. Campbell, Jr., Salt Lake City, for appellant.

Boyden, Tibbals, Staten & Croft, Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from dismissal of a divorce action and an ex parte order awarding custody of a child, issue of the marriage, to plaintiff. Remanded to proceed further. No costs awarded.

This case focuses attention on Title 30-3-1, Utah Code Annotated 1953, as amended,1 which jurisdictionally requires a divorce plaintiff to be "an actual and bona fide resident" of the county and state for three months before suit...

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