In re Powell

This motion involves a novel point in practice which, however, was not adverted to on the argument of the motion.

On March 21, 1924, the petitioner presented to this court a petition verified on March thirteenth, wherein he sought to take advantage of the provisions contained in section 7a of the Domestic Relations Law (Laws of 1922, chap. 279) and to obtain an order dissolving his marriage upon the ground that his wife had absented herself for five successive years then last past, without being known to the petitioner to be living during that time, and that the petitioner believed such wife…