Nixon v. Nixon

Opinion by

Baldrige, J.,

Thomas Hay Nixon, the appellant herein, filed a libel in divorce on July 1, 1933, in Adams County, alleging cruel and barbarous treatment and indignities to the person. Original and alias subpoenas were returned “non est inventus.” On August 26, 1935, the court adopted the recommendation of the master and entered a decree divorcing libellant from respondent.

The respondent petitioned the court on October 21, 1935, to vacate the decree on the grounds that the libel was insufficient in that it contained no averment that libellant had been a bona fide resident of this…