Insistence upon a bona de residence of one year In China for any American citizen seeking a divorce in this jurisdiction was emphasized im a memorandum given out on Satur~ day by Judge Milton J. Helmick, of the U, 8, Court for China, with ret= erence 10 the case of Rosalie Hi.
Mulvihill Crum v. Otto L. Crum. The decision, which denies Mrs, Crum her petition for divorce, stated:—"Tis Court ing isle upon a bona fide residence of at least one year in China before filing a complaint for divorce, The rule hae been Uberally applied to Navy people, because it is realized they are subject 10 be moved bout on orders, and that ' people "in Government service are" usually more or less without a settled" domicile, This Gourt has several times held that Navy people in the Asiatic Fleet tio tave been physically within China during a major part of their service, fand who Tock upon China as their headquarters, are within the require ments of the rule "The term bona Ade residence is dimeult to define, entailing "many considerations of oth law and. faci, that. neither physical presence flane, nor intention alone, is deter~ Iminative, and no settled genuine test can be formulated, but. the Court mist judge each case on its own cir cumstances, and must be satisfied the claim of residence is genuine. and reasonable. For whatever reason the plaintiff gave up her Shanghai apartment to remain in Manila, amd notwithstanding her wish and inten tion to return to Shanghai, the realities seam to weigh against a claim of bona fide residence in Shanghai thereafter, and consequently the Court finds plaintiff lacks the necessary one year residence. The complaint will be dismissed."
Text read from the printed page and cleaned; old type leaves the occasional error.