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Alton v. Alton
United States Court of Appeals for the Third Circuit
207 F.2d 667 (1953)
Sonia Alton (plaintiff) left her Connecticut home and went to the Virgin Islands, where, after six weeks and one day, she filed for divorce from her husband, David Alton (defendant). Sonia relied on two provisions of a Virgin Islands law, the first which required a petitioner to reside in the Virgin Islands for six weeks before commencing suit, and the second which considered six weeks’ Virgin Islands residence as prima facie of Virgin Islands domicile and allowed a divorce action to proceed if the defendant has been personally served in the Virgin Islands or has entered a general appearance. Neither provision required evidence of intent of Virgin Islands domicile. David entered a general appearance and waived service of the summons. The trial court asked for further proof of domicile, which was not provided, so the judge denied the petition and dismissed the case. Sonia appealed.
Rule of Law
Holding and Reasoning (Goodrich, J.)
Dissent (Hastie, J.)
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