Gill v. Gill

Mr. PRESIDING JUSTICE DIERINGER

dissenting:

I respectfully dissent from the majority opinion for the following reasons.

As stated in the majority opinion, the plaintiff obtained a divorce from the defendant by publication on June 28, 1956, and was awarded custody of the couple’s 5-year old son. No provision was made in the decree for child support for the obvious reason the court had no jurisdiction over the defendant, and such support orders are in personam. Fifteen years later, on May 27, 1971, the defendant was served with a summons and a copy of the original complaint for divorce. There was…