Parnham

This is an appeal from a judgment in favor of the plaintiff for instalments of alimony accruing under a judgment for a divorce of the Supreme Court of New York. The latter judgment is claimed by defendant to be of no force or effect because of a previous judgment made and entered by the court of common pleas of Pennsylvania granting the defendant a divorce from the plaintiff.

Under the laws of Pennsylvania service by publication may be had merely upon the return of the writ by the sheriff showing his inability to serve the same, and there is no requirement that a copy be mailed to the defendant at her last known address. All that is required is that upon the return of the writ by the sheriff the sheriff shall publish notice in a newspaper of general circulation for the prescribed period of time.

The defendant obtained a divorce from the plaintiff in the State of Pennsylvania without personal service upon the plaintiff and without her appearance in the ease, and he now contends that the New York judgment is invalid and not entitled to recognition in this state by reason of such decree. The defendant appeared in the New York ease and urged the identical defense to plaintiff’s suit…