Smith v. Smith

Cook, Justice.

1. “The Soldiers’ and Sailors’ Civil Relief Act is always to be liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation. The discretion that is vested in trial courts to that end is not to be withheld on nice calculations as to whether prejudice may result from absence, or absence result from the service. Absence when one’s rights or liabilities are being adjudged is usually prima jade prejudicial. But in some few cases absence may be a policy, instead of the result of military service, and discretion is vested in…