McCune v. McCune
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1906, by defendant, from order of C. P. Cumberland Co., Eeb. T., 1904, No. 65, granting a divorce in case of John T. McCune v. Mattie M. McCune. Libel for divorce.
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Appeal, No. 15, March T., 1906, by defendant, from order of C. P. Cumberland Co., Eeb. T., 1904, No. 65, granting a divorce in case of John T. McCune v. Mattie M. McCune. Libel for divorce. From the record it appeared that the libel was filed on December 8,1903. The respondent was not served personally with the subpoena, but it was returned “ non est inventus ” by the sheriff on January 16, 1904. The same return was made by the sheriff to the alias subpoena on April 23, 1904. On April 20, 1904, Chester C. Bashore, Esq., entered appearance for the respondent. On July 12,1904, .an order of…
1Opinion of the Court
Opinion by
Oblady, J.,
In divorce cases the law contemplates that the proceeding shall be continuously adverse, and to secure jurisdiction of the respondent, there must be either the actual personal service of a subpoena, or its statutory equivalent. The alleged irregularity, of which the respondent in this case complains, is not sufficent to warrant a reversal of the decree, for the reason that after the return non est inventus of the second subpoena, her counsel entered an appearance of record, which of itself would not be sufficient to bring her properly before the court, but following this,…
2Cited by7 opinions
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- Commonwealth Ex Rel. Zimbo v. ZoretskieSuperior Court of Pennsylvania · 1936
- Lovering v. LoveringCourt of Special Appeals of Maryland · 1977
- Reighter v. ReighterSuperior Court of Pennsylvania · 1915
- Beaston v. Beaston, Pennsylvania Court of Common Pleas, Juniata County1946
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