Smith v. Smith

Rice, P. J.,

In this divorce action the libel sets forth indignities as the cause of complaint and avers that respondent is non compos mentis, having been so declared by this court on March 8, 1938, and having been confined ever since in the Harrisburg State Hospital and the Veterans’ Hospital at Coates-ville, Pa. A subpoena was awarded on August 25, 1945, returnable on the first Monday of October 1945, and on October 2nd, the day after the return day, the subpoena was returned non est inventus. On August 27, 1945, libellant made application to the court for the appointment of a guardian ad…