The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-21
DODGING SERVICE.
Mr.. Hervey Marries and Then
Skips Out Of the Chaneery
Courts Jurisdiction.

Because of defective service in a writ,
and that Counsellor Jos. Coult of Newark
termed lodging service a motion for
alimony and counsel fee in the divorce
suit brought by Mrs. Eva May Hervey
against her husband, Lee A. Hervey, of
No. 128 Montclair avenue, Newark, was
laid aside by Chancellor McGill this morn
ing until Monday next in Newark Chan
Gerry Chambers.
Counselor Joseph Coult for Mrs. Hervey,
made the motion. 1t appears by the bill
OF Mrs. Hervey that at the age of TWEEN
ty-ive years she was married in New
ark, on November %, 1896, by Rev. Ham
nibal Goodwin, of the Protestant Episco-
pal Church. to Lee A. Hervey. who was
then twenty-three years old, and engaged
in the real estate business in Newark.
Mrs. Hervey says that at the time of
her marriage she was soon expecting to
pc a mother, and that Immediately after
the marriage she requested her husband
20 take her to his home and acknowledge
ner publicly as his wife, but she says
ne refused to do his alleging that he did
not love her.
Mrs. Hervey says further that her hus-
band also told her that he would under
no circumstances live with her, and that
their marriage was a marriage in name
only. Her husband, she said, then made
" PtUpoS1tltn 10 0eT lHat she should go
70 q boarding mouse or TO a lying-.n hos
pital In New York. but ne refused to give
her any support or defray the necessary
expenses, and left her without leaving
ner means with which to pay her board.
SINCE her husband left her, she says. that
he has called upon her twice at her soiicI-
tatfon, but since December 8 last he has
ne-ther called upon her or spoken to her.
She begged Of him on his last visit to
leave her money to buy provisions. but he
perenptorily refused.
Mr. Hervey, the petition says. is pos
sessed OF property, real and personal. not
less than 81, 900, and that he has besides
an income ample 10 upport her COM
lortaply. 4 wife winds up with the
request that the Court should compel
Hervey to give security for a weekly
maintenance for his wife and a proper
amount of counsel fee.
In Mrs. Herveyss affidavit attached to
the petition she says she is living with
her sister, Mrs. May Swing, at No. 1a7
Montclair avenue, next door to the pa
rents of her husband.
lie told me that he had only married
me as II was the cheapest way out of the
difficulty. He also said he had witnesses
to prove / was a bad character. He also
SAID that we should be divorced, and he
would compel 1T by his conduct with other
women, and finally offered me 81. GOO if I
would permit him to get the divorce.
When my child was born he said 1t would
be taken away and cared for ewher
Mrs. Hervey eaid her name was Shell
grove before marriage.
Mrs. Carrie v. Crane and Mrs. Swing
both sisters of the petitioner, add afflda-
wits that they heard Hervey declare that
he would make his wife's life so smiser-
able that she would be obliged to grant
him q divorce.
Counsellor Coult was just proceeding
with the above facts prior to asking for
aiimony when Counsellor S. Kaisch in
Ierrupted:-
Your Honor. the summons was not
served on young Mr.. Hervey personally.
I am informed he has left the State"
What have you to say to that?" asked
the Chancellor of Mr.. Coult.
The lawyer replied by reading an afi-
davlt of service by one Manning, who said
he left the paper at Hervey's fathers
house.
81 win give you an order to show
cause replied the Chancellor, return
able next Monday in Newark chambers"
Mr. Coult said hat Hervey as eoon as
he heard that his wife was about to bring
suit had skipped from Newark to dodge
service. 1T will be a bad look out for
that young man if he doesn't come into
court" said the lawyer, as he gathered
up his papers and left the court.