Seeley v. Taylor
Supreme Court of Colorado
Error to County Court of Arapahoe County. This was au action for divorce commenced in the county court by Nahum P. Seeley, plaintiff, against Amy A. Seeley, defendant. Summons was issued on February 15, 1888, and was followed by the usual steps for obtaining service by publication.
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Error to County Court of Arapahoe County. This was au action for divorce commenced in the county court by Nahum P. Seeley, plaintiff, against Amy A. Seeley, defendant. Summons was issued on February 15, 1888, and was followed by the usual steps for obtaining service by publication. The last publication was on March 21,1888. Default was entered on April 20th, and final decree was rendered on May 9, 1888. The record further shows the following in substance : On October 25,1888, the defendant Amy A. Seeley applied to the county court upon motion and affidavit to vacate and set aside the decree…
1Opinion of the CourtJustice Elliott
delivered the opinion .of the court.
The assignments of error are to the effect, first, that the county court erred in rendering judgment without acquiring jurisdiction over the defendant Amy A. Seeley; second, that the court erred in entering default on the 30th day and in rendering final decree on. the 49th day after the last publication of the summons.
By the Code of 1887, sections 41 and 44, it is provided that when the service of summons is by publication it shall be deemed complete at the expiration of ten days from the date of the last publication ; and that from the time of the service…
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