[DOWNLOAD] "Bergeron v. Bergeron" by Supreme Court of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: Bergeron v. Bergeron
- Author : Supreme Court of Minnesota
- Release Date : January 15, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
RUGG, Chief Justice. This proceeding was instituted in the Superior Court by a petition by the father to secure a decree granting to him the custody of his minor child. It comes before us on appeal by the father from an order denying his motion to dismiss for want of jurisdiction and from other interlocutory orders and from a decree awarding the custody of the child to the mother. The material facts are these: The petitioner and respondent were married in January, 1928, in California and lived together in various places on the Pacific Coast. The child, the issue of this marriage, was born in the State of Washington in September, 1929. In 1930 the parties lived together as husband and wife in Baltimore in the State of Maryland. Because of physical violence inflicted on her by the husband she ceased cohabiting with him in February, 1931, and in the following July left him for justifiable cause, taking the child with her, and went to Virginia without disclosing her whereabouts or that of the child to her husband. Later she came to this Commonwealth intending to establish a residence here. She became acquainted with one White, a friend of her husband. Shortly afterwards she consulted by telephone and letter with a New York attorney and under his advice applied for and obtained in Mexico a decree of divorce from her husband. That decree was dated December 31, 1931. She was at no time within the jurisdiction of Mexico, nor did her husband appear in person or by attorney to oppose this application for divorce. He had no actual knowledge of the proceedings until long after the decree had been entered. There was no evidence of service upon him in any manner. She went through the form of a marriage ceremony with White in January, 1932, and since then they have lived together in this Commonwealth, maintaining the child in their home. She acted in good faith in securing the divorce, and in marrying White. In applying for her marriage license in this Commonwealth she disclosed her former marriage and the Mexican divorce. The petitioner after having learned of the seeming divorce and marriage with White expressed satisfaction with the situation, was content that the child should remain with them and bear their name, assumed blame for the unfortunate outcome of his marriage with the respondent and visited them on several occasions. The present petition was filed in May, 1933.