The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-08-15
Judge Fox Makes New Ruling
Which viii Make 1t Harder
To Secure Divorce Through
Agreement.
DEFENDANT MUST APPEAR
IN COURT AS WITNESS
Formerly This Has Not Been
The Case Through Clever
Work of Defendants and
Their Attorneys.

Further action in the attempt 20
place more restrictions upon the ease
with which divorces may be obtained
under the laws of this state shave been
brought about by an alienation In
the rules governing the practice.in the
Wayne circuit court. Announcement
was made from the bench by Judge
Fox this morning that here after the
rules of court and the statutes con-
cerning divorce are to be enforced
rigidly.
Court rule No. 20. which reads in
part, IF the defendant lives within
the jurisdiction of the court. the case
will not be decided until the atten-
dance of the defendant as a witness
has been procured" is changed. The
substitution of the word heard" for
decided" is made.
Heretofore IL has been possible for
an attorney and his client to arrange
a subterfuge whereby the sense of the
courts ruling would be circumvented.
Especially has this occurred in cases
where the defendant did not want to
appear. He knew the trial would 60
on without his presence. IL he could
keep away from the sheriff. although
he might be within the city. He
knew, also, that some time-after trial
he might put in his appe arance before
the court and thus comply with the
rules of court but be saved appearing
at the trial and probable subjection to
questioning on the witness stand.
Times have been known when an at
torney kept client concealed in his
office, where he would be able to find
him, IL necessary, but where at the
same time the client would be in
comparative safety from discovery by
the sheriff or his deputy.
Checks Bad Method.
The new rule will make II necessary
for the resident defendant to appear
at the time of trial and take the
stand. Unless he has testified as a
witness and the Court heard the evil
dence. the trial will not be regarded as
complete. II means further the defen-
dant and plaintiff can not come to an
agreement whereby the defendant re-
mains away from court during the
he airing of the case. but at the, same
time continues In the jurisdiction OF
the court. The rule is expected TO go
| far toward breaking up the practice in
this county of securing divorces under
the agreement of the parties. as .
method to settle their difficulties.
| Prosecutors Affected.
Judge Fox announced further he
will insist upon the enforcement OF
the section of the statute providing
the payment of s5 as prosecutors
fees into the court before the case
can be called for trial. This law was
enforced a few years ago. but owing
to the neglect upon the part OF the
prosecutor then In office the court
| countermanded the order for fits en-
forcement. 1t was the custom of the
prosecutor to demand his fee and nev-
er make any appearance In the case.
The court stated the present prose
cutor has been very attentive to d.
vorce cases and upon his motion he
will require the recognition Of the law
as rule Of court. Since the reyoca-
ton Of the rule. IL prosecutor ap-
pears and in the interest of a defen-
dant, whom he represents merely as
a state officer and not as an. attorney,
succeeds in influencing the court to
refuse the divorce. he beats himself
out Of the fee. If suit In which he
has made an appearance is decided
in favor of the plaintiff, the prosecu-
tors fee Is added as cost OF court.
The section provides that the fee for
the prosecutor shall be paid before
an order OF the clerk can be issued
and IL it is not paid within twenty
days. upon motion Of the prosecutor
the cause of action is to be dismiss
led
What Law DEGREES.
The section of law covering thu
point reads as follows:
Wherever any petition for the
granting of divorce. shall be filed In
any of the circuit or superior courts
OF this state. and the name OF the
prosecuting attorney as hereinbefore
provided shall be entered upon the ap-
pearance docket as provided in section
, one of this act. the court, upon mo-
ton of said prosecuting attorney.
shall make an order requiring the per-
son filing such petition to pay the
clerk of said court, before any further
action shall be taken In said cause,
, the sum of five dollars, which SUM
shall be paid by said clerk Of said
court to said prosecuting attorney and
shall be In full payment OF his attor-
| ney's fees for the defense of said pc
titioD. II said order is not complied
with within twenty days the said peti-
~LH