Legal Opinion

Morris v. Morris

Superior Court of Delaware

Decided April 3, 1912PublishedCited by 5 opinions

Petition for Divorce. The sheriff made return of non est on the summons — alias summons issued and return thereon of personal sendee, and publication was not made as required by the statute. The case is stated in the opinion.

1Opinion of the CourtWoolley, J.

delivering the opinion of the court:

Jurisdiction of actions for divorce is conferred upon the Superior Court by the Act of Assembly of March 29, 1907 (Laws of Del. Vol. 24, Chap. 221), and jurisdiction over the parties to such actions is acquired in the manner prescribed by the act, namely,

*584“The proceedings for divorce, * * * shall be by petition filed with the prothonotary of the Superior Court in the county of the petitioner’s residence, * * * whereupon a summons shall issue for the defendant’s appearance and upon proof of the service of such summons more than twenty days before the time of…

2Cases cited2 opinions

  1. Odessa Loan Ass'n v. DyerSuperior Court of Delaware · 1911
  2. Wood v. WoodSuperior Court of Delaware · 1909

3Cited by5 opinions

  1. Wilkins v. WilkinsSuperior Court of Delaware · 1945
  2. Griffith v. GriffithSuperior Court of Delaware · 1919
  3. L. v. L.Supreme Court of Delaware · 1973
  4. Warren v. WarrenSuperior Court of Delaware · 1946
  5. Wife L. v. Husband L.Supreme Court of Delaware · 1973

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