Martin v. Martin

In an action for absolute divorce, instituted by order permitting service of the summons by publication, plaintiff seeks to enter judgment by default against the defendant based upon the latter’s failure to appear herein. The published summons did not contain the critical words “Action for a divorce,” required by statute (Civ. Prac. Act, § 1167; Buies Civ. Prac., rule 47).

Section 1167 of the Civil Practice Act specifically provides that absent such words in the summons in an action for divorce ‘£ a judgment shall not be rendered in favor of the plaintiff upon the defendant’s default in…