Green v. Green

Complaint for divorce. Divorce decreed. No summons was issued for the defendant, but an affidavit of non-residence was filed, and publication of notice made. The notice was for the appearance of the defendant at the next term, without mentioning the day when the term was to commence. The defendant did not appear, and the divorce was decreed in the absence of any defence on the part of the prosecuting attorney. The Court decreed certain property to the complainant as alimony, but not a sum in gross.

It is insisted—

1. That a summons should have issued for the defendant, although he was a…