Ratkowsky v. Ratkowsky

In a proposed separation action respondent procured . an ex parte order of sequestration on December 24, 1941, on the ground that appellant was not within the State or could not be found therein or was concealing himself therein so that process could not be personally served on him. It is conceded that the contemplated action never was commenced by the service of any process on appellant. In January, 1942, appellant, appearing specially solely for the purposes of the motion, moved to vacate the ex parte order of sequestration on the ground that the prima facie findings in support thereof were…