Bego v. Bego

McGRAW, Justice:

This is an appeal from the denial by the Circuit Court of Kanawha County of a motion to set aside a final divorce decree dissolving the marriage between the plaintiff/appellee, Bertha Bego, and the defendant/appellant, Carlos Bego. We find that the court below, in effect, granted a default judgment against the appellant in violation of his statutory rights and contrary to fundamental constitutional concepts of justice and we reverse.

Bertha Bego filed for divorce on January 31, 1984, and summons was served on Carlos Bego on February 9, 1984. A letter dated March 22,1984 from…