Opinion
Decided June, 1881.
A libel for divorce is not necessarily dismissed in case of a defective service. Upon proper cause shown, it may be continued for service upon a new order of notice.
LIBEL FOR DIVORCE, with the usual order of notice and a return of service. Counsel appeared specially for the defendant, and moved to dismiss for defective service, and the court ordered the action continued for notice. The defendant objected that another order of notice could not be made, because of the order of notice and attempted service before the term. The court overruled the objection, and the defendant filed this bill of exceptions.
Dudley Remick, specially for the defendant. If the service was illegal, the defect cannot be cured by a new order of notice. Sleeper v. Baptist Association, 58 N.H. 27.
J. I. Parsons, for the plaintiff.
However it may be in other proceedings in which notice is prescribed by statute (Sleeper v. Baptist Association, 58 N.H. 27, G. L., c. 226, s. 4), the court is authorized to determine what notice shall be given in a libel for divorce. G. L., c. 182, s. 5.
Exceptions overruled.
DOE, C. J., did not sit: the others concurred.