Legal Opinion

Sheldon v. Sheldon

New Jersey Court of Chancery

Decided October 29, 1926PublishedCited by 14 opinions

1Opinion of the Court

A petition for divorce was filed in this cause on January 27th, 1926, and a citation to answer was issued on January 29th, two days later. It was returnable on February 8th, 1926, and was served on the defendant, together with a certified copy of the petition, on February 5th, three days before its return.

The Divorce act (P.L. 1907 p. 474 § 13, as amended by P.L.1916 p. 110) provides, inter alia, that every citation shall be served personally at least five days before its return. This provision, obviously, was not complied with, and the question is, Is it mandatory or directory? If mandatory,…

2Cases cited7 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. In re the Release or Relinquishment of the Right of Dower of MartinNew Jersey Court of Chancery · 1916
  3. Clough v. McDonaldSupreme Court of Kansas · 1877
  4. McGuinness v. McGuinnessSupreme Court of New Jersey · 1908
  5. Crowell v. BotsfordNew Jersey Court of Chancery · 1863

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3Cited by14 opinions

  1. Sheehan v. Zoning CommissionSupreme Court of Connecticut · 1977
  2. Sharrock v. KeansburgNew Jersey Superior Court Appellate Division · 1951
  3. Kohler v. BarnesNew Jersey Superior Court Appellate Division · 1973
  4. Borough of Paramus v. Ridgewood Park EstatesNew Jersey Superior Court Appellate Division · 1956
  5. In Re Assignment for the Benefit of Creditors of Munson-Lied Co.New Jersey Superior Court Appellate Division · 1961

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