93 Pa. 133 | Pa. | 1880
The judgment of the Supreme Court was entered February 16th 1880,
We know no authority for a sheriff in this state to depute a sheriff in another state to execute a writ in the bailiwick of the latter, so as to give to it the effect of a personal service. A service thus made, cannot have the effect of a legal service made within this state: Coleman’s Appeal, 25 P. F. Smith 441.
It was by such an invalid service, the appellant claims to have brought the appellee within the jurisdiction of the court; and then, mostly on his own evidence, and without any appearance of the appellee, he sought to procure a decree of divorce. This cannot be done. Still further, an examination of the evidence shows, the court was right in refusing the decree prayed for oh the merits of the case. During all the time the appellee was separated from her husband, his evidence shows that he made her an allowance, and remitted her not less than $40 a month. This fails to establish that wilful and malicious desertion and absence contemplated bv the Act of Assembly.
Decree affirmed, and appeal dismissed at the costs of the ■ appellant. .
A motion was subsequently made for a re-argument, which the court refused in an opinion as follows, delivered March 29th 1880, by Merour, J.
In this application for a re-argument it is assumed that we did not give due weight to the Act of 13th March 1815, under which the appellant claims to have made a service. It declares “ upon due proof at the return of the said subpoena that the same shall have been served personally on the said party wherever found, or that a copy had been given to him or her fifteen days before the