People v. Glenn

The parties to this action were formerly husband and wife living in Ukiah, Mendocino County, California. On April 11, 1947 George Daut filed in that county an action for divorce. In an affidavit for service of summons by publication he alleged that defendant, Mildred Laverne Daut, was going under and using the name of Mrs. W. E. Schenck, and that she resided at Larch Road, Briarcliff Manor, in the State of New York. An order was made for publication of summons, and it was further ordered that a copy of the summons, together with a copy of the complaint, be deposited in the United States Post Office at Ukiah, "directed to the said defendant Mildred Laverne Daut at her place of residence, to-wit: Larch Road, Briarcliff Manor, New York." Publication of summons was duly made, and on September 8, 1947, an affidavit by the secretary of plaintiffs attorneys was filed in which it was averred that on April 11, 1947, she had mailed copies of the summons and complaint in an envelope addressed to "Mildred Laverne Daut, Larch Road, Briarcliff Manor, New York." Request for default of defendant was filed September 8, 1947, and default entered. The matter was referred to a court commissioner for the taking of testimony, and on September 15, 1947, the commissioner having filed his report, an interlocutory decree of divorce was entered adjudging that the plaintiff was entitled to a divorce upon the ground of extreme cruelty, and awarding to him all of the community property of the parties. On September 24, 1948, a final decree was filed, dissolving the marriage and reaffirming the award of the community property to plaintiff.