In re Heilweil

Merrell, J. (dissenting).

The ground upon which the present proceeding was instituted for the dissolution of said marriage was that the petitioner’s wife had absented herself for five years, and that the petitioner had made diligent search to ascertain her whereabouts and to discover evidence that his said wife was living, and that no such evidence had been found. An order was made upon the petition for the publication of notice upon the wife, pursuant to section 7-a of the Domestic Relations Law. The matter was sent to an official referee to determine and report the facts and his conclusion…