Welch v. Welch
Supreme Court of Arkansas
Appeal ^from the Circuit Court of GoT/umhia County m Chancery. Hon. ShbltoN WatsoN, Circuit Judge. 1. Can a decree pro confesso be rendered in an application for a divorce, a vinculo matrimonii, without some proof being adduced in support of the allegations of the bill ? Viser vs. Bertrand, 14 Ark. 282. 2. Is a service of subpoena in chancery by reading, a sufficient service to warrant the rendering of a decree pro confesso? Sec. 10, chap. 28, Digest.'
1Opinion of the CourtJustice Scott
This was a bill for divorce, filed in the Columbia Circuit Court, by the wife, against the husband, alleging wilful desertion for the space of more than o::a year, without reasonable cause, and praying relief by divorce, a vinculo matrimonii, and for maintenance and alimony, and for injunction. The subpoena was served upon the defendant, by reading the same to him at his place of abode; and upon this service a decree, pro confesso, was taken against him, and upon that, all the relief prayed by the complainant below, was decreed to her, without any further testimony to sustain the allegations…
2Cited by4 opinions
- Rehfuss v. RehfussCalifornia Supreme Court · 1915
- Smiley v. SmileySupreme Court of Arkansas · 1970
- Scott v. ScottIndiana Supreme Court · 1861
- Maduro v. MaduroCalifornia Court of Appeal · 1944