In re Estate of James

Divorcíe — Non-resident Defendant—Publication of Summons — Constructive Service—Validity of Degree.—A decree of divorce which has heen regularly obtained in one state by a citizen thereof against a non-resident defendant constructively served with process by publication of summons, and without other notice, and which is valid and effectual in the state in which such decree is rendered, is equally valid in a sister state.

Id.—Jurisdiction of Subject-matter—Defective Complaint—Collateral Attack upon Judgment__Where the complaint in a divorce suit is sufficient to inform the court and the defendant of the relief demanded, and of the facts upon which the plaintiff bases his right to the relief sought, it is sufficient to give the court jurisdiction of the subject-matter of the action, and its judgment as a court of general jurisdiction cannot be collaterally attacked for error upon the ground that the complaint was defective and not sufficient to entitle plaintiff to the relief demanded therein and awarded by the judgment.

Id.—Jurisdictional Facts—Recital in Judgment—Collateral Impeachment of Record— Residence of Plaintiff—Conflicting Evidence—Appeal.—It-is competent collaterally to impeach a judgment of divorce rendered in another state by extrinsic evidence showing that the facts necessary to give the court pronouncing it jurisdiction to proceed did not exist, notwithstanding a recital of such-facts in the judgment; but where, upon such collateral attack, the evidence is conflicting as towhether the plaintiff was a bona fide resident of the state for the length of time required to give jurisdiction to the court, a finding of the court that he was such resident for a sufficient length of time will not be disturbed upon appeal.

Id.— Order for Publication of Summons—Want of Signature—Irregularity— Default Judgment—Collateral Attack__Where the order for publication of summons in an action of divorce in the state of Missouri, as actually published, was full and complete, and purported to have been signed by the proper officer, the neglect of the clerk to sign his name at the foot of the order entered by him in the proper book kept for the entry of such orders should be treated upon collateral attack upon the judgment entered by default, based on such order, as a mere clerical omission in matter more of form than of substance, which was cured by the entry of judgment, and such irregularity in one of the steps taken in obtaining jurisdiction cannot be collaterally assailed, there not being an entire want of jurisdiction to render the judgment.

Id.—Effect of Absolute Divorce — Change of Status—Subsequent Divorce from Bed and Board—Failure to Plead Prior Divorce in Bar__Where a divorce from the bonds of matrimony was obtained by a husband residing in the state of Missouri from his wife residing in the state of New York by publication of summons, and after his return to New York, a divorce from bed and board, and a decree for alimony, and the custody of children was subsequently obtained by her against him, but the decree of divorce in his favor was not called to the attention of the court in New York rendering the latter judgment, held, that his failure to plead the judgment of divorce in bar of the subsequent action did not have the effect to change his status as a single man given him by the decree of divorce rendered in the state of Missouri.