Summary
In Garrison v. Farmers' Mutual Fire Insurance Co., 56 N.J.L. 235, 28 A. 8, which dealt with a fire insurance policy, the court held: "Where a policy of fire insurance is renewed from year to year, the description of the insured property in the original policy must be applied to the condition of the property at the date of the last renewal."
Summary of this case from U.S. Fid. & Guar. Co. v. FridrichOpinion
11-27-1893
HESTON v. HESTON.
Samuel Walker, Jr., for complainant. William Holt, for defendant.
Bill by Joshua Heston against Clara B. Heston for divorce. On motion to set aside service of citation. Motion granted.
Samuel Walker, Jr., for complainant.
William Holt, for defendant.
BIRD, V. C. The motion in this case is to set aside the service of a citation because such service was procured by circumvention and fraud. The defendant was living in Pennsylvania with her father-in-law, and the petitioner, having filed his petition for divorce, wrote her, asking her to meet him at a certain place in the city of Trenton. She came into the state, and attended at the place designated by the petitioner in his letter. The petitioner did not meet her, as was implied in his letter that he would, but the sheriff was there in attendance, and served a process of citation and copy of the petition upon her. I think that, when the process of the courts is procured to be served by such devices, it is always characterized as fraudulent, and will not be recognized. I think that this should especially be the rule in courts of equity. The motion will be granted, with costs.