Legal Opinion

Jester v. Jester

Superior Court of Delaware

Decided March 2, 1914PublishedCited by 4 opinions

Action for Annulment of Marriage by Ethel M. Jester, an infant, by Mary J. Paries, her next friend, against Samuel J. Jester. Motion to amend form of action allowed. On the fourth day of February, A. D. 1914, the plaintiff filed her petition for the annulment of the marriage between her and the defendant, whereupon a summons issued for the defendant’s appearance, returnable to the present March term of the court.

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Action for Annulment of Marriage by Ethel M. Jester, an infant, by Mary J. Paries, her next friend, against Samuel J. Jester. Motion to amend form of action allowed. On the fourth day of February, A. D. 1914, the plaintiff filed her petition for the annulment of the marriage between her and the defendant, whereupon a summons issued for the defendant’s appearance, returnable to the present March term of the court. There was proof of the service of the summons' on the defendant more than twenty days before the return thereof as required by the statute. It is provided by Section 1, Chapter 221,…

1Opinion of the Court

Boyce, J.,

delivering the opinion of the court:

Section 7, Chapter 221, Page 622, Volume 24, Laws of Delaware, provides that “the proceedings for divorce, or to have a marriage annulled, shall be by petition filed with the prothonotary of the Superior Court in the county of the petitioner’s residence, stating the true cause of the complaint and verified by the affidavit of the petitioner that the facts stated are true and that the complaint is not made out of levity or by collusion.” Every essential fact necessary to be stated in the petition for the annulment of the marriage between the…

2Cases cited1 opinion

  1. Sindowski v. SindowskiSuperior Court of Delaware · 1911

3Cited by4 opinions

  1. Console Master Speaker Corp. v. Muskegon Wood Products Corp.Superior Court of Delaware · 1928
  2. Wenz v. WenzSuperior Court of Delaware · 1935
  3. In re VeaseySuperior Court of Delaware · 1927
  4. Southern Maryland Trust Co. v. HenrySuperior Court of Delaware · 1931

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