State ex rel. Pearcy v. Long

Petitioner seeks a writ of original mandamus to require the respondent circuit judge to decide a divorce case. The distinguished judge declined to act because he believed he had lost jurisdiction. The case is now here upon a demurrer to the alternative writ issued by this court. To explain the reasons for our decision in the case it is necessary to relate the chronological events involved.

Petitioner filed her complaint for divorce on August 22, 1961. She alleged acts of cruelty. She was unable to secure service of summons upon her husband at *632that time. Although petitioner and her husband…