A decree of divorce from the bond of matrimony, obtained in the State of North Dakota, in which neither party is domiciled, upon service by publication and in another State, is entitled to no faith and credit in that State.
MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.
This case must follow Bell v. Bell, ante, 175. The law of North Dakota requires a domicil in good faith of the libellant for ninety days as a prerequisite to jurisdiction of a case of divorce. Smith v. Smith, 7 North Dakota, 404, 413. The facts in evidence warranted, and indeed required, the finding that the husband had no bona fide domicil in the State of North Dakota, when he obtained a divorce there, and it is not pretended that the wife had an independent domicil in North Dakota, or was ever in that State. The court of that State, therefore, had no jurisdiction.
Judgment affirmed.