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
Provision is likewise made by statute for proper notice to the
defendant. Usually much freedom in this regard is left to the
court. Thus in Maine, when the residence of the defendant can be
ascertained, it must be named in the libel; and if the defendant
lives out of the state, notice is to be made in such manner as
the court may order. When the residence of the defendant is not
known to the plaintiff and cannot be ascertained, the fact must be
alleged under oath in the libel.[102] According to the Connecticut
statute, the person aggrieved may make complaint to the court "in
the form prescribed for civil actions, which shall be duly served
on the other party, and whenever alimony is claimed, attachments to
secure the same may be made by direction in the suit, or by an order
pending suit in the same manner as in other civil actions." But when
the adverse party resides out of the state or is absent from it, or
his whereabouts is unknown to the plaintiff, "any judge or clerk of
the supreme court of errors, or of the superior court, or any county
commissioner, may make such order of notice to the adverse party
as he may deem reasonable." Then "such notice having been given and
duly proved," if the court finds that the defendant has actually
received it, the suit may go on; otherwise the court may either
"hear the case, or, if it see cause, order such further notice to
be given as it may deem reasonable, and continue the complaint
until the order is complied with."[103] In no case may a complaint
be heard or a decree rendered until after the expiration of ninety
days; except when the defendant appears in person or by counsel,
when the complaint is to be treated as "privileged" and assigned
at once for trial.[104] By the Vermont act of November 26, 1884,
designed to "diminish the frequency of divorces," it is provided
that "at the term succeeding the term at which the cause is entered,
or at any subsequent term to which the cause may be continued, the
same shall not be heard unless the libellee is present, except in
cases when it is proven to the court that the libellant has, in
good faith, attempted to procure the attendance of the libellee and
has been unable to do so." In this last event the court may in its
discretion proceed to try the case, postpone the hearing in the hope
of securing the presence of the libellee, or it may require the
latter's deposition.[105] This provision was repealed in 1886.[106]
By the present law, when the "libellee is without the state, the
libellant may file his libel in the office of the clerk of the court
in the county where the same is required to be brought, and such
clerk shall issue an order stating the substance of the libel or
petition, and requiring the adverse party to appear on the first day
of the next stated term of the county court" and make answer. This
order the libellant "shall cause to be published in such newspaper
as is directed by the order, three weeks successively, the last
Public-domain text, read in full here on John Shaqi.
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