Opinion
03-09-1910
SCHNECKENBURGER v. SCHNECKENBURGER.
James R. Bowen, for complainant.
Divorce action by Schneckenburger against Schneckenburger, her husband. On exceptions to master's report. Bill dismissed.
James R. Bowen, for complainant.
EMERY, V. C. The master's report advised dismissal of the bill because a bona fide residence of complainant was not proved. Under the circumstances disclosed by the evidence, no satisfactory explanation of complainant's change of residence from Brooklyn to New Jersey has been shown, except that it was for the intention of keeping a nominal residence in New Jersey pending the suit for divorce. The Brooklyn house has been complainant's home for three years, her business has always been and still is continued there, and she is still there for the greater part of the time. The place in Jersey City, selected for a residence shortly before the filing of the bill, was that of a friend who was anxious to help her in her family troubles, and was ready to give her a home with his family while she was getting a divorce, and this friend (Holzman) so testifies.
A residence of this temporary character is not only easily given up, but, if a divorce is obtained, no doubt would be, as there appears in this case no reason for its probable continuance. The mother and sister of complainant, who both live in New York and were with complainant when the bargain for the residence (or room) was made with Mr. Holzman, were not called to contradict or explain his evidence.
I will advise order overruling exceptions to master's report, and affirming the same, and decree dismissing bill.