Spafford v. Spafford
Supreme Court of Vermont
Petition for a divorce. The petitionee was set up as having left the state and gone to parts unknown. On application to a Judge of this court an order was made requiring the petitionee to be notified by publication, or by delivering to him a true and attested copy of the petition and order. No person was named in the order to make the service.
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Petition for a divorce. The petitionee was set up as having left the state and gone to parts unknown. On application to a Judge of this court an order was made requiring the petitionee to be notified by publication, or by delivering to him a true and attested copy of the petition and order. No person was named in the order to make the service. No service was made, except by the delivery, by an indifferent person, of a copy of the order and petition to the petitionee, at a place within the state; which was verified by affidavit. The petitionee did not appear.
1Opinion of the Court
Curia, Per Redfield, J.
The libel in this case has clearly not been served upon the petitionee in the manner required by the statute. The Revised Statutes, ch. 63, § 25, require, that, “ when the party complained of [in an application for a divorce ] is within the state, the libel, together with a summons to appear and answer thereto, shall be issued by the clerk of the court, and should be served on the adverse party twelve days, at least, before the sitting of the court.” Section 26 provides the mode of serving such summons ; which is substantially the same as the serving of other writs of…
2Cited by2 opinions
- Perry v. PerrySupreme Court of Vermont · 1920
- Thomas v. GravesSupreme Court of Vermont · 1916