Sumner v. Sumner

Russell, Chief Justice.

This is a divorce case in which an extraordinary motion fox new trial was made upon the ground of alleged newly discovered testimony. It appears from the record that the husband filed the action in the superior court of Richmond County on April 19, 1933, basing it upon the ground of desertion for more than three years. The action was brought to the May term, 1933; but the sheriff having returned that the defendant was not to be found in Richmond County, the court granted an order for service by publication. At the next term, and after due service by publication, as…