[DOWNLOAD] "Estelle S. Buckner Baggett v. Mary M." by Supreme Court of Tennessee " eBook PDF Kindle ePub Free
eBook details
- Title: Estelle S. Buckner Baggett v. Mary M.
- Author : Supreme Court of Tennessee
- Release Date : January 30, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
BROCK, Justice. OPINION This is a proceeding to set aside a divorce decree for lack of jurisdiction. The primary question presented is whether or not the respondent, defendant in the divorce action, was denied due process of law in the divorce case by the failure of the court and her husband to forward to her at her last known address, she being a non-resident of the State of Tennessee at the time, a notice of the filing of the divorce petition, in addition to the customary service of process by publication in a local Tennessee newspaper. The trial court denied relief, holding that in a divorce proceeding against a non-resident defendant the law does not require, in addition to the service of process by publication in a newspaper, the mailing to the non-resident defendant's last known address of a notice of the filing of suit. The Court of Appeals reversed, holding that under the facts of this case and under the law as declared in Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950); Walker v. Hutchinson, 352 U.S. 112, 77 S.Ct. 200, 1 L.Ed.2d 178 (1956); Armstrong v. Manzo, 380 U..S 545, 85 S.Ct. 1187, 14 L.Ed.2d 62 (1965), the respondent had been denied due process of law in the divorce proceeding because of the failure of the husband to disclose to the clerk of the court her last known address and the failure of the court, through the clerk, to forward a notice of the filing of the divorce action to her at such address. Accordingly, it was decreed that the divorce decree be vacated.
