Smith v. Smith

I cannot agree that the notice published in the case of Chesser v. Chesser is an order of publication required by Rule 6 of Equity Practice. It nowhere appears in said notice that the defendant is a nonresident and cannot be aided by the affidavit because the affidavit was not published. The rule requires, “The order against such defendant shall require him to answer or plead to the bill of complaimt or petition before a day to be1 therein named, not less than thirty days nor more than fifty days, from the making thereof.” [Italics supplied.] Code 1940, Tit. 7, Appendix, Equity Rule 6, p.…