Mace v. Mace
Elizabeth Mace versus Joseph Mace
Mace v. Mace, 7 Mass. 212 (1810)
Headnotes
Where the respondent, in a libel for a divorce, is merely absent on a voyage, . with an expectation of returning, the Court will not proceed upon a notice in a newspaper.
Summary
The libel in this case, which was for a divorce a vinculo, contain ing a suggestion, that the respondent was absent from the commonwealth, notice was ordered at the last term to be given by a publication of the libel, and order of notice in a newspaper.
Upon the hearing it appeared that the respondent was an inhabitant of Newburyport, in this county, and a seaman by profession ; and that he was now absent on a voyage from which he was expected to return in the due course of the voyage.
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
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The Court
observed that this was not a proper proceeding. Such an absence was not sufficient to justify proceedings upon the libel, without personal notice, and the cause was continued for that purpose.
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