Hoogesteger v. Ward

Defendant appealed from a judgment granting her husband a divorce.

The divorce was granted upon two grounds, viz. desertion and cruel treatment. The summons and complaint Avere personally served upon the defendant on January 10, 1931, but she did not appear in the action until after the husband’s death, which was a few days after the entry of judgment.

The claim uoav is that the complaint does not state facts sufficient to constitute a cause of action and hence the court did not acquire jurisdiction; and further that the evidence fails to prove the cause of action for desertion or the cause of…