The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1878-02-27
A Warming Order.
IOwen.AorO Examiner.1

! We imagine some of our readers will
be puzzled 10 determine what we mean
by warning orier. To prevent coniu-
sion Of ideas, we explain. When II suii
!" brought in the courts against a party
living out Of The Safe, or on whom pro-
cess cannot he served. he ia constructive.
" served. Con-tructi,e service consists
Of az order in writing made by the clerk
of the court on the suit In this order
the absent defendant is warned 10 appear
on 'be first day of the next term Of the
court anil answer the petition of the
plaintiff. The clerk also appoints in the
same order an attorney TO represent the
defendant. This is the nature OF a waru-
ing order, and sixty DAYS after The order
the de;endauS is said to he duly warned.
II, aher this solemn admOnilion to defend
his rights, the defendant wanders around
careless and indifferent in a distant 81 ate.
as he frequently does } the plaintiff pro-
ceeds iOt-ke judgment Tor The sale of the
defendants property to pay note possi-
bly, already paid
Or the plain,iif. wife, sues an absent
husband for a divorce He is deaf to the
warning order. In this case the revered
mother>in-law and the devoted sister re-
member variety of facts horrible TO re-
laie, all o. which are more than enough
10 warran, divorce The far off hus-
band with his bead on one OF the Black
HIS, dreams OF coming home and being
happy with the girl he led 10 the altar in
her youthful bloom. Meanwhile
''rhe girl he left behind him."
with moe Bloom Of Youih" than
youthful bloom. is released a Uiaculo
divorced all has her autonomy restored.
The difference between some Kentucky
divorces and tie average Utah divorce is
more appa rent than real
The reader surmises, probably, that
we question he efficacy of the warning
orGer IL its purpose is TO give the abb
sent defendant a half a chance to find
out that his property or rights are as
sailed, we do think il failure We do
not overlook The fact that an alto, new is
appointed to defend the case, and that it
is his du,y to write to or notify the de-
fcudant, whose post>Otfice address The
plaintiff mast fu-ni-h. if he can. Nor
are &c ignorant Of what an utter iarce is
the usual defense for absent defendants.
But il it il either just or expedient that
such defendants should have an Oppo--
tuni,y of appearing, better means of
warning them, or cohs,rucrively serving
them, can Ire devised. Suppose instead
OF or in addition to the warning order on
the suit, and appointing an attorney, that
the clerk also. Published the warning
order in a newspaper of the county in
which suit was brought, would it not be
better? TIE absent defendant might
not see it. (Ihough he would have a
chance to ito 50. but if he did not, some
relative or friend would probably see it
aud give notice to the defendant There
is no douLi that defendant would often
receive notice in this way when all other
means would prove Intellectual.
1t is a fact that most of the suits in
our courts against non-residents or alb
sentees, are wholly one-siied, or as the
lawyers say, exParie. Injustice and
fraud are frequently perpelrated by
means OF such suits, of which the public
and the officer and the attorneys of the
courts are ignorant The temptations TO
fraud are too abundant in such cases for
this trail generation to Withstand. They
should be abridged as far as possible.
Newspaper publications of warning or.
ders would tend to prevent such practices
The subject is worthy the gravest con-
of those charged with the re-
vision OF The laws