Clayton v. Clayton
Supreme Court of Colorado
Appeal from District Court of Gilpin County. Ejectment — Declaration ordinary form claiming as heir at law; plea, general issue On the first day of March, A. D. 1867, James W. Clayton procured summons to be issued out of the ofiice of the clerk of the district court of Gilpin county, against Sarah A. Clayton, his wife, on a bill for divorce. The respondent was a non-resident, and on the same day the summons was issued it was returned non inventus by the sheriff.
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Appeal from District Court of Gilpin County. Ejectment — Declaration ordinary form claiming as heir at law; plea, general issue On the first day of March, A. D. 1867, James W. Clayton procured summons to be issued out of the ofiice of the clerk of the district court of Gilpin county, against Sarah A. Clayton, his wife, on a bill for divorce. The respondent was a non-resident, and on the same day the summons was issued it was returned non inventus by the sheriff. The complainant thereupon procured an order of notice by publication requiring the respondent to appear and answer at the ensuing…
1Opinion of the CourtElbert, J.
Under the provisions of section 15 of the Chancery Act (R. S., p. 95), a decree rendered upon constructive service is provisional only. Although final in form, it is not so in fact, but is subject, upon petition of the defendant within the three years, to be modified or vacated, upon a hearing upon the merits. At the expiration of the three years, there being no interposition by the defendant, it is confirmed to the extent that any defense on the merits is precluded. Lyons et al. v. Robbins, 46 Ill. 277; Southern Bank, etc. v. Humphrey, 47 id. 227; Sale v. Fike, 54 id. 292; Lawrence v.…
2Cases cited2 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Williamson v. BerrySupreme Court of the United States · 1850
3Cited by5 opinions
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- Buddee v. SpanglerSupreme Court of Colorado · 1888
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- Grand Lodge of Ancient Order of United Workmen v. TaylorColorado Court of Appeals · 1913
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