eBook details
- Title: Davies V. Russell
- Author : Arizona Supreme Court
- Release Date : January 14, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The facts are that on August 27, 1957 petitioner filed an action in the Maricopa county superior court against defendant Davies seeking a decree of separation from bed and board from him. She joined with him, as defendant, in that action the Northern Arizona Title Company and asked for an injunction against both defendants restraining them from the alienation of property in which she claimed an interest. On September 3 following, injunctive relief was granted. At the time petitioner filed her action in Maricopa county against Davies she had not resided in that county six months, the time required by statute as a condition precedent to the maintenance of an action for absolute divorce. On September 10 following, defendant Davies filed his action for divorce from petitioner in the Coconino county superior court as above stated. On September 13 both defendants sought a change of venue from Maricopa county to Coconino county. No ruling has been made on this motion. On December 2 defendant Davies, in open court, waived his claim for said change of venue, and on December 12 he filed his answer to petitioner's complaint in the Maricopa county superior court. He filed no counterclaim then nor since. On January 17, 1958 petitioner filed a reply to defendant Davies' answer, and on January 25, 1958 petitioner, having resided in Maricopa county the required statutory period to enable her to maintain an action for divorce in said county, by leave of court, filed a supplemental complaint in which she sought an absolute divorce from Davies.