Krause v. Krause

This is an appeal from a judgment of divorce rendered against the defendant in an action in which she neither appeared nor answered. The appeal seems to have been taken principally on the supposition by counsel that the defendant *355can be beard in this court on affidavits and other documents to excuse her default, and be let in to defend on the merits; but it is manifest that she cannot be so heard. This court can act only on the record returned to the appeal, which, in cases like this, consists of the summons and complaint, proof of service, and that no answer was received, the report of the…