Cochnower v. Cochnower

This was a suit for divorce. There was a default and decree of divorce. The record discloses that an affidavit was filed with the complaint, showing the non-residence of the defendant. There is nothing showing that *254any notice of the pendency of the suit was, in any manner, given to the defendant, unless the following entry contains it: “And now comes the plaintiff' and makes- proof of publication in this cause.” The defendant appeals.

It has been long settled that a failure in the record to show that the defendant has been properly notified of the pendency of the suit is error. Where a…