Owen v. Owen

STOREY, Justice.

This is an appeal by writ of error from default judgment entered in a divorce case. Defendant, petitioner in this writ of error, contends that service was defective because default judgment was rendered on plaintiff’s “First Amended Original Petition for Divorce” and the officer’s return recites that defendant was served with “Original Petition.” We reverse because it is not clearly shown that defendant received a copy of the amended petition on which default judgment was rendered. Because defendant has now subjected herself to the jurisdiction of the court, we remand.

The…