¶1decided that the service of the subpoena was regular; and that as it was not pretended by the defendant that he had a legal and meritorious defence to the suit of which he had been deprived in consequence of his situation, the vice chancellor was right in refusing to open the default and to vacate the decree.
7 Paige Ch. 150
Phelps v. Phelps
Decided March 20, 1838
New York Court of Chancery · decided 1838-03-20
This was an appeal from a decision of a vice chancellor refusing to vacate a decree obtained against the defendant by default. It appeared that the defendant was sentenced to imprisonment in the state prison at Auburn, for felony, for a term of years; that while he was so imprisoned his wife filed her bill against him for adultery, and upon a personal service of the subpcena obtained a decree by default for a divorce.
Decided 1838-03-20