Chavis v. Chavis

This appeal is from an order setting aside, for lack of jurisdiction, a default judgment of divorce. The case transpired as follows:

The husband, Abner Chavis, filed suit for divorce in the Montgomery County Circuit Court on June 28, 1979. Out-of-state service by process server was had upon the wife, Linda Diane Chavis, a resident of Louisiana. She failed to respond within the time allowed by law. Default judgment was entered on application to the deputy registrar of the court and a final judgment of divorce was rendered on August 17, 1979. The judgment awarded custody of the parties' minor…