Legal Opinion

Warren v. Warren

Superior Court of Delaware

Decided June 10, 1946PublishedCited by 4 opinions

1Opinion of the Court

Carey, J.:

This Court has consistently held that the provisions of the statute concerning divorce or annulment, including the character of the process prescribed and the methods of service should be strictly construed and rigidly enforced for the reason that they are matters essential to jurisdiction. Griffith v. Griffith, 1 W. W. Harr. 1, 108 A. 209; Morris v. Morris, 2 Boyce 583, 83 A. 934; Potter v. Potter, 9 W. W. Harr. 487, 2 A. 2d 93. The Court has no authority to hear and determine such a case in the absence of literal compliance with the statute. These rules seem to be universally…

2Cases cited5 opinions

  1. Close v. Southern Maryland Agricultural Ass'nCourt of Appeals of Maryland · 1919
  2. Potter v. PotterSuperior Court of Delaware · 1938
  3. Morris v. MorrisSuperior Court of Delaware · 1912
  4. Morris v. MorrisSuperior Court of Delaware · 1913
  5. Wood v. WoodSuperior Court of Delaware · 1909

3Cited by4 opinions

  1. Anonymous v. AnonymousSuperior Court of Delaware · 1951
  2. Dierkes v. DierkesWest Virginia Supreme Court · 1980
  3. Husband v. WifeSuperior Court of Delaware · 1969
  4. Saint Stanislaus Kostka Church v. Mayor of WilmingtonSuperior Court of Delaware · 1954

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