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To compel respondent to proceed with the hearing and to decree, in a divorce case, where the bill charged desertion for the statutory period, it appearing at the hearing that defendant was a non-resident of the State, that he did not appear, was not served with process, nor with a copy of the order of publication.
Order to show cause denied October 20, 1896.
Held, that no cause for divorce arose until the two years
*644 elapsed; that at that time defendant had become a non-resident, and hence complainant had not brought herself within Act No. 202, Laws of 1895.A rehearing was applied for, calling attention to the fact that the bill alleged, and the proofs so far as taken tended to establish non-support as well as desertion,' and that the cause for divorce arose while defendant resided in this State, whereupon the writ was granted December 24, 1896.
Document Info
Docket Number: No. 15842½
Citation Numbers: 1 McGrath 641, 3 Daily L.N. 521
Filed Date: 10/20/1896
Precedential Status: Precedential
Modified Date: 11/29/2022