Legal Opinion

Morris v. Morris

Superior Court of Delaware

Decided October 14, 1913PublishedCited by 3 opinions

Action of Divorce (No. 18, October Term, 1913) by Harry C. Morris against Pearl Morris. On objection to insufficiency of service. Petition dismissed. See also, 2 Boyce, 583.

1Opinion of the Court

Boyce, J.:

In this case there was personal service on the sixteenth day of September, 1913. The present term of court began on the sixth day of October following. Between the date of service and the day of the return, being the first day of court, there were only twenty days including the day of service prior to the return of the writ.

The statute provides that “summons shall issue for the defendant’s appearance and upon proof of the service of such summons more than twenty days before the time of its return or upon proof of substituted service by publication as hereinafter provided, the cause…

2Cited by3 opinions

  1. MacCrone v. American Capital CorporationDistrict Court, D. Delaware · 1943
  2. State Ex Rel. St. George v. Justice CourtMontana Supreme Court · 1927
  3. Warren v. WarrenSuperior Court of Delaware · 1946

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