The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1857-07-16
April l6, 1857.
AN ACT
mo 1861

To amend the act c. ncernng Divorces and Ali
mony, passed March IL, 1888.
Sec. /. Be it enacted by the General Assem-
bly of the State of Ohio, That section three o
the act concerning divorces and alimony, pass
ed March | |, 1853, be amended so as to read as
follows: Sec. 3. That in all cases where di-
vorce shall be applied for, the complainant shalt
file his or her petition in the office of the clerk
of the court of common pleas Of the proper
county, which petition shall state the true cause
of complaint; and if the adverse party is res
iient Of the county in which the petition is FL
cd, the clerk of said court shall issue a sum
mons directed 10 The sheriff of the county, which
together with copy Of the petition, shall be
served on the adverse party at least six weeks
before the hearing Of the case, but if the defeu-
dant il not a resident Of such county, then no.
tice of the penjency of said petition, containing
the substance and prayer thereof, shall be Civ
en- by publication in some newspaper Of gener-
al cir,u lation, in the county in which tho case
il pending, for the term Of six consecutive
weeks, and in such case a summons AMI copy
of the retiton shall forthwith, on the filing of
the petition, be deposited in the post Office, di-
rected to the defendant at his or her place o.
residence, unless It shall be made to appear to
the court, by affidavit or otherwise, that such
residence is unknown to the applicant, and
could not with reasonable diligence he ascer
aimed by him or her; or If the defendant shall
reside in any other comfy Of this State the ap-
plicant NAV, at his or her election give notice
by service Of summons and q copy of the petit
ton, at least six weeks before the hearing Of
said case, and said case may be heard aud deci-
ded at any time after the expiration of six
| Nba anF ati, al hyvu
vice Of summons or after the first publication
in some newspaper. Ns provided IN .his sectio =
Sec. 9 That section ten Of said t't be amen
ded so as to read as follows Sec 10. That the
wife may file her petition as aforesaid in the
court oil common pleas. for alimOny alone, or in
case petition for divorce shall have been filed
by the husband, she NAV 6le her cross petition
for almony, with or without the PRAYER for the
dissolution Of the marriage contracts which pe-
Stiion or cross petition for alimony may bc for
DO following causes, to wit: FEst. adultery
acond, gross neglect Of duty; third, abandon
fhe1t OF tho wife without good canse; fourth.
when there is a separation in consequence Of
i'll treatment ON the part Of the husband, whe.h.
er the wife be maintained by the husband or not
fifth, habitual drunkenness; and sixth, con
finement in the pententiary Of Ohio, or inthe
penltent tlary or State prisons Of any Of the Uni
ted States, or either Of the territories thereof,
or the District of Columbia, for any crime or
offence of the same character or grade as is or
may be by the laws Of this State punished With
Imprisonment In the Penitentiary, in which
case tho application shall be made while the hus
band Is so confined.
Sec 3. That section IS Of said act be so
amended as TO read as follows; Sec. is. In all
applications for divorce, or for allmony, alone
and in cases where the petition is fled under
the fourteenth section Of the act TO which this
is amendatory when the witnesses shall reside
in the county where the application is made, or
the petition filed, they shall, unless in case Of
inability, be examined in open court, but il
they shall reside out Of the county, or unableto
attend court their deposition may I've taken as
in other cases; but when the adverse party shall
not reside within the connty In which the petit
| ton is pending, or in au adjoining county, or
shall have no attorney OF record residing in
such county, or in an adjoining county, notice
Of the time and place Of taking depositions
shall be given by publication in some newspa-
per Of general circulation, in the county where
the ease is pending, for three consecutive weeks
prior thereto, and copy Of such notice shall
at or before the first publication thereof, be de-
posited in the post office, and directed to the
defendant at his or her place Of residence, when
such residence Is known TO the petitioner, or
can with reasonable diligence, be aseertained
by him or her.
Sec. 4. That section seventeen Of said act
Be amended 70 as to resasls follows; Sec, IL.
| hi all cases under this actin which the Court Of
Common Pleas shall dismiss the petition, ex-
eept on tie fnal hearing Of the case on its mer-
It's, ia cases in which the court shall give judg-
meut in favor of the wife for aii1iody alone with
out granting divorce, in eases under section
fourteen OF said act aud in cases where judg-
ment is rendered for both divorce and alimony,
either party may appeal from any hnal. Judg
nent or order to the District Courts. as in 9th
or cases: Provided, tfat in cases under sections
one and two Of this oct and IA Of the act to
which this Is amendatory and in all other cases
under this act, when the wiis shall appeal, she
shall not be required to give bond. Provided,
also, that 10 cases where Judgment Is rendered
for both divorce aud aimony, the appeal shall
apply only to SO nush Of The ind1' as re1.
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