Perry v. Perry
Supreme Court of Vermont
Petition for divorce. Heard by Court at the June Term, 1920, Windsor County, Stanioh, J., presiding. The libellee appeared specially by attorney, and moved to dismiss the petition upon the ground that said libellee was not cited to appear at any stated term of said court, and, for the further reason, that said citation or summons was too uncertain, doubtful, and indefinite. The motion was overruled, and the libellee allowed an exception.
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Petition for divorce. Heard by Court at the June Term, 1920, Windsor County, Stanioh, J., presiding. The libellee appeared specially by attorney, and moved to dismiss the petition upon the ground that said libellee was not cited to appear at any stated term of said court, and, for the further reason, that said citation or summons was too uncertain, doubtful, and indefinite. The motion was overruled, and the libellee allowed an exception. The cause was then heard on the merits, the libellee not appearing nor entering a general appearance therein, and the following judgment or decree was…
1Opinion of the CourtTaylor, J.
The bill of exceptions raises a question as to the validity of the summons issued on a libel for divorce. January 3, 1920, the libellant preferred a petition to “the county court within and for the county of Windsor, holden at Woodstock in said county” praying for a bill of divorce. A summons was issued the next day by the clerk directing that the libellee be summoned “to appear before the county court within and for the county of Windsor at Woodstock in said county 'then and there to answer,” etc. Personal service of the libel and summons was made on the libellee in this State on January 20,…
2Cases cited5 opinions
- In re AllenSupreme Court of Vermont · 1909
- Shackett v. ShackettSupreme Court of Vermont · 1876
- Roy v. PhelpsSupreme Court of Vermont · 1910
- Spafford v. SpaffordSupreme Court of Vermont · 1844
- Moffat v. MoffatSupreme Court of Vermont · 1838
3Cited by8 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Bioni Et Ux. v. Haselton, GuardianSupreme Court of Vermont · 1926
- Thomas v. District Court of Third Judicial Dist. Ex Rel. Salt Lake CountyUtah Supreme Court · 1946
- Elwell v. OlinSupreme Court of Vermont · 1926
- Ramsey v. McDonaldSupreme Court of Vermont · 1936
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