Du Bois v. Du Bois

Dannehower, J.,

This case comes before the court upon respondent’s petition to file an answer nunc pro tunc in an action in divorce. A rule to show cause was granted, to which libellant filed an answer. Depositions were taken on the rule and answer, and oral argument was heard by the court en banc.

The record discloses that on March 3, 1933, the husband filed a libel in divorce on the ground of wilful and malicious desertion. The subpoena sur divorce was made returnable on April 3, 1933. Personal service was made upon the wife on March 16, 1933. Although she was represented at that time by able…