Smith v. Smith

KEITH, Justice.

This is a small case with some large difficulties. The basic question presented by this record may be stated in these words: May a party who has appeared by filing responsive pleadings but who does not appear at the hearing upon the merits, obtain a reversal of the judgment merely by showing that he has been deprived of a statement of facts when the appeal is by way of a petition for writ of error? We answer this question in the negative, but we must first dispose of several threshold questions before stating our reasons.

1. Jurisdiction of this Court

Plaintiff below, the wife,…