Philbrick v. Philbrick
Supreme Court of Vermont
Philbrick v. Philbrick, 27 Vt. 786 (Vt. 1856)
Philbrick v. Philbrick
Opinion of the Court
Upon the authority of Moffatt v. Moffat, 10 Vt., we think the irregularities in this case are fatal, and that we could not regard the appearance of the libellee, at the taking of the testimony, as any waiver. He was justified in acting upon the sure side, in any contingency, as he could not know, that the court would not sustain the petition, notwithstanding these objections.
Petition dismissed.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- A libel for a divorce which is not signed by the libellant, and the citation attached to which is signed only by a justice of the peace is fatally defective. And the irregularity is not waived by the libellees attending the taking of the testimony; and cannot be cured by a subsequent signing and the issuing of a new citation.