McKeown
McKeown v. Superior Court
Opinion
Lead Opinion
Tyler, J.
Certiorari to review certain judgments of the Superior Court for lack of jurisdiction. It appears from the record that petitioner was a defendant in an action brought against him by his wife for divorce; that said action was filed on the twenty-third day of August, 1923; that an affidavit for publication of summons was made by plaintiff and that such summons was published; that the cause came on for hearing in July, 1924, in the absence of defendant, and that he was not represented by counsel; that on the eighteenth day of August, 1924, the Superior Court rendered an interlocutory decree of divorce severing the marital bonds uniting plaintiff and defendant, and awarded plaintiff the sum of $50 per month as alimony and certain real property situated in the county of Alameda. It further appears that on the fifteenth day of December, 1925, the Superior Court rendered a final decree embodying the same terms and provisions of the interlocutory decree, and this notwithstanding that no order for publication of summons was ever made by such Superior Court; that no personal service was made upon the defendant nor did he ever appear in the suit; that defendant was at the time of the…