Denehie v. Denehie

The majority opinion is so different from what I conceive the law to be and works such an unnecessary hardship upon the parties that I feel constrained to give my reasons for dissenting.

I fail to see any collusion on the part of the hus-. band in entering his appearance and agreeing that the proof might be taken and the cause submitted without notice to him. Our statute (EEtS 403.030) traverses the averments of a petition for divorce and makes proof necessary. The same character of answer (there called a stipulation) was filed by the defendant wife in the recent case of Dyer v. Dyer, 300 Ey.…