Baldwin v. Baldwin

A proceeding for alimony was instituted by Josephine Baldwin against her husband, Thomas Baldwin, under the Civil Code, § 2467. The judge granted a rule nisi, and process issued. The sheriff made a return showing that he had “ served Thomas Baldwin, by leaving a copy of the within petition at his most notorious place of abode.” When the case came on for trial, counsel for the defendant moved “to dismiss the plaintiff’s cause of action, on the ground that there had been no personal service of said petition on defendant.” The defendant did not appear, generally, and did not waive service. The…