For the reasons above stated it is ordered that the judgment of the trial court be reversed and cause remanded with direction to dismiss the complaint.
Morgan & Locklear, of Prescott, attorneys for appellant.
Crawford & Baker, of Prescott, attorneys for appellee.
Phelps, Justice. La Prade, C. J., and Udall, Stanford, and De Concini, JJ., concurring.
[69 Ariz. 105] Phelps,
The plaintiff, H. Ray Chester (hereinafter called appellee), instituted an action
against defendant, Edna G. Chester (hereinafter called appellant), for divorce in Yavapai County, Arizona, in 1946, alleging excesses, cruel treatment and outrages against appellee as grounds for divorce. The action was filed September 14, 1946, at which time the appellant was residing in Fort Wayne, Indiana, but in due time she filed an answer and the cause was tried to the court without a jury, both parties being present and represented by counsel.
In her answer the appellant raised the question of jurisdiction of the court to try the case upon the ground that appellee was not a bona fide resident of the state of Arizona at the time the action was instituted, [69 Ariz. 106] and denied generally and specifically each and all the other allegations of the complaint. The trial court rendered judgment in favor of the appellee.
The facts are that appellant and appellee were married in Fort Wayne, Indiana, on March 29, 1942. At the time, appellee was a practicing physician at Fort Wayne and appellant was a school teacher. Appellee has suffered from asthma all his life and due to overwork during the war, developed a highly nervous condition. In 1944 he suffered a heart attack known as angina pectoris, from all of which afflictions he has since suffered.
It appears from the evidence that differences arose between appellant and appellee soon after their marriage frequently resulting in quarrelling and on several occasions resulted in appellee striking appellant.
When appellee suffered his heart attack in the early part of 1944 he was confined to a hospital for a period of five weeks and soon after his return home from the hospital he began to act strangely and on different occasions insisted upon a separation. His asthma and heart trouble seemed to grow worse and in March, 1945, he came to Arizona for his health where he appeared to somewhat improve. He made frequent trips back to Indiana during the ensuing year and a half and in April 1946 appellant and appellee reconciled their differences and lived together for a short time in Cottonwood, ...