Potter v. Potter

Layton, C. J.,

delivering the opinion of the Court:

The Divorce Act, substantially as it now exists, was approved March 29,1907 (Ch. 221, Vol. 24, Delaware Laws; Ch. 86, Rev. Code 1935, § 3497 et seq.). Morris v. Morris, supra, was decided in 1912, and the construction given to the section of the statute now under consideration has been consistently followed. In that case, as here, the original writ of summons was returned “non est inventus”, and an alias writ to the next succeeding term was served personally, but no publication was made. The Superior Court held that the statute contemplated…