Heath v. Heath

HENRIOD, Chief Justice:

Appeal from the denial of a motion to vacate a default divorce decree. Affirmed with costs to plaintiff.

The chronology of events in this case is as follows: Marriage, August 16, 1968; Duane, a male child, was born to plaintiff, May 5, 1970; Divorce Complaint and Order to Show Cause (never heard) were filed February 4, 1971. The return on Summons (requiring answer in 20 days,— not accomplished) stating service on defendant on February 9, 1971, was filed on February 11, 1971; hearing in the case, after failure to answer as required, was held on April 28, 1971, and the…