Beaudry v. Beaudry

Beaudry v. Beaudry, 174 N.W.2d 28 (Mich. Ct. App. 1969)

Court: Michigan Court of Appeals · State Appellate Courts
Decided: November 26, 1969
Docket: No. 6,225
Judges: Gillis, McGregor, Brennan
Citations: 174 N.W.2d 2820 Mich. App. 2871969 Mich. App. LEXIS 830

Cited by 5

Opinion — Per Curiam

Per Curiam.

Defendant appeals from a denial of bis motion to; dismiss a complaint for divorce based on plaintiff’s inability to meet the jurisdictional requirement set forth in MCLA § 552.9 [Stat Ann 1969 Cum Supp § 25.89]. The plaintiff took up residence in Oakland county on June 22, 1968; ten days later, on July 1, 1968, she filed her complaint.

Jurisdiction in circuit courts over divorce actions is entirely statutory.

Hatch v. Hatch (1949), 323 Mich 581 ;

Flynn v. Flynn (1962), 367 Mich 625 . The statutory requirement regarding residence within the county in which the divorce suit is started is residence for ten days. The manner in which the ten-day period is to be computed is set forth both by statute (MCLA § 8.6 [Stat Ann-1969 Rev § 2.217]) and by court rule (GCR 1963, 108.6). The first day of the period is to be excluded, and the last day included.

Because the statutory jurisdiction was not established, the trial court was without jurisdiction and should have granted defendant’s motion to dismiss the complaint.

White v. White (1928), 242 Mich 555 ;

Lehman v. Lehman (1945), 312 Mich 102 ; and Fox v. Board of Regents of the University of Michigan (1965), 375 Mich 238 .

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

View all citing references →

Relies on it most ⓘ

Stamadianos v. Stamadianos385 N.W.2d 604 (Mich. 1986)
Stamadianos v. Stamadianos350 N.W.2d 268 (Mich. Ct. App. 1984)
Abadi v. Abadi259 N.W.2d 244 (Mich. Ct. App. 1977)
Jeffrey Haksluoto v. Mt Clemens Regional Medical CenterNo. 153723 (Mich. June 27, 2017)
Wadee Ghaleb v. Muzammil Ahmed MdNo. 357812 (Mich. Ct. App. Nov. 10, 2022)

Most recent

Wadee Ghaleb v. Muzammil Ahmed MdNo. 357812 (Mich. Ct. App. Nov. 10, 2022)
Jeffrey Haksluoto v. Mt Clemens Regional Medical CenterNo. 153723 (Mich. June 27, 2017)
Stamadianos v. Stamadianos385 N.W.2d 604 (Mich. 1986)
Stamadianos v. Stamadianos350 N.W.2d 268 (Mich. Ct. App. 1984)
Abadi v. Abadi259 N.W.2d 244 (Mich. Ct. App. 1977)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Fox v. Bd. of Regents of Univ. of Mich., 134 N.W.2d 146 (Mich. 1965)	84
	Lehman v. Lehman, 19 N.W.2d 502 (Mich. 1945)	29
	Flynn v. Flynn, 116 N.W.2d 907 (Mich. 1962)	12
	White v. White, 219 N.W. 693 (Mich. 1928)	7
	Hatch v. Hatch, 36 N.W.2d 152 (Mich. 1949)	4

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list