Birkenheuer v. Birkenheuer

Keller, P. J.,

— On June 19, 1939, libellant, a native of Hungary and alien resident of the United States since’ 1913, instituted this action in divorce against his wife, Magdolna Birkenheuer, whose *91last known residence was Temesvar, formerly a part of Hungary but now, since World War I, a part of Roumania, on the ground of desertion which is alleged to have occurred while libellant and respondent were residents of Temesvar. The sheriff having made a return of “non est inventus” as to the original subpoena, an alias subpoena was issued on August 3,1943, and, subsequently, on September 11,…