Van Gundy v. Van Gundy

The question for decision is whether published notice of a petition to modify a divorce decree as to child custody and support, pursuant to rule 60 (i), Rules of Civil Procedure, was sufficient compliance with due process requirements to confer jurisdiction upon the court to grant the modification.

On April 7, 1947, plaintiff, Norma May Van Gundy, was granted a divorce from defendant, Donovan Van Gundy, by the district court of Polk County. The decree awarded her custody of the child, Norma Jean, and judgment against defendant for $7.50 per week child support. Defendant was given the right to…