Rhodes v. Rhodes

The opinion of the court was delivered by

Mason, J.:

On March 14,1918, Mary A. Rhodes brought an action for divorce agáinst R. 0. Rhodes, who waived the issuance and service of summons and entered a voluntary appearance, signing a writing to that effect which included an agreement that the case might be taken up and tried at any time without further notice to him. On March 31, 1919, the case was called for trial, and no response being made it was dismissed for want of prosecution. On April 10, 1919, at a new term of court the order of dismissal was set aside and upon a. trial the plaintiff was…