Mace v. Mace
Massachusetts Supreme Judicial Court
The libel in this case, which was for a divorce a vinculo, contain ing a suggestion, that the respondent was absent from the commonwealth, notice was ordered at the last term to be given by a publication of the libel, and order of notice in a newspaper.
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The libel in this case, which was for a divorce a vinculo, contain ing a suggestion, that the respondent was absent from the commonwealth, notice was ordered at the last term to be given by a publication of the libel, and order of notice in a newspaper. Upon the hearing it appeared that the respondent was an inhabitant of Newburyport, in this county, and a seaman by profession ; and that he was now absent on a voyage from which he was expected to return in the due course of the voyage.
1Opinion of the Court
The Court
observed that this was not a proper proceeding. Such an absence was not sufficient to justify proceedings upon the libel, without personal notice, and the cause was continued for that purpose.
2Cited by2 opinions
- Choate v. ChoateMassachusetts Supreme Judicial Court · 1807
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1807