Blain v. Blain
Supreme Court of Vermont
Petition for divorce for tbe causes of intolerable severity, willful desertion for three consecutive years, and neglect to provide suitable maintenance. The notice to the petitionee was by publication, under an order issued by the clerk. The petition was dated June 19, 1871, and the summons attached, and order of notice by publication, were both dated and issued October 18, 1871, and the case was entered in court at the December term.
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Petition for divorce for tbe causes of intolerable severity, willful desertion for three consecutive years, and neglect to provide suitable maintenance. The notice to the petitionee was by publication, under an order issued by the clerk. The petition was dated June 19, 1871, and the summons attached, and order of notice by publication, were both dated and issued October 18, 1871, and the case was entered in court at the December term. It appeared in proof that the petitioner came to reside in this state the first days of August, 1869, and resided in this county ever after. The counsel for the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This petition for divorce was made and dated June 19th, and the subpoena and order of publication were signed and issued October 18th, 1871. At the date of the petition, the two year's’ residence of the libellant in this state provided by statute, had not elapsed ; but more than two years at the time the subpoena issued. A writ is “ issued,” or a suit is “ instituted,” for some purposes, -at the time it becomes a perfected process ; and sometimes the service of the writ is the commencement of the suit. But we are not aware that the making a…
2Cases cited2 opinions
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Harris v. HardemanSupreme Court of the United States · 1853
3Cited by13 opinions
- Prettyman v. WilliamsonSuperior Court of Delaware · 1898
- United States v. American Lumber Co.Court of Appeals for the Ninth Circuit · 1898
- Burton v. BurtonSupreme Court of Vermont · 1886
- Tillison v. TillisonSupreme Court of Vermont · 1891
- McMaster v. RubyOregon Supreme Court · 1916
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