A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[578] In California and Montana summons and publication in
divorce suits are given under the general provisions for civil
actions: POMEROY, _Codes and Stat.: Civil Proced._ (1901), secs.
410 ff.; _Codes and Stat. of Mont._ (1895), 782, 796, 797. This
is, of course, not inconsistent with Sharon _v._ Sharon (1885),
67 _Cal._, 185, ruling that an action for divorce is a case in
equity under the clause in the constitution conferring appellate
jurisdiction on the supreme court.
[579] The statute of Wisconsin requires the proceedings to be as
in "courts of record" so far as practicable: _Ann. Stat._ (1889),
I, 1362.
[580] In New York, for instance, the order for publication
must direct that the summons be published "in two newspapers,
designated in the order as most likely to give notice to
the defendant, for a specified time, which the judge deems
reasonable, not less than once a week for six successive weeks;"
and unless the judge is satisfied from affidavits presented that
the defendant's residence is unknown, it must also require that
copies of the summons, complaint, and order be mailed to him at a
specified place: BIRDSEYE, _Rev. Stat._ (1896), I, 18. The laws
of Ohio and Kansas are similar: BATES, _Ann. Rev. Stat. of Ohio_
(1897), II, 2805; _Laws of Kan._ (1897), II, 273. By the statute
of Pennsylvania, if the adverse party is not found, the court may
issue an alias subpoena, and trial may be set for a later term.
If a second time personal service cannot be had, notice must be
"published in one or more newspapers printed within or nearest to
the said county for four weeks successively" prior to the first
day of the next term: PEPPER AND LEWIS, _Digest_ (1896), I, 1642.
Colorado has a careful provision. See also _Civil Laws of the
Hawaiian Islands_ (1897), 716-18; and the new law of New Jersey:
_Acts_ (1903), 122, 123.
Public-domain text, read in full here on John Shaqi.
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