The Washington herald., 1912-06-23
DIVORCE GRANTED;
LATER REVOKED
Meanwhile Washington Nan BE.
marriss, and Now Finds Himself
in Peculiar Predicament.
CASE HEARD N ALEXANDRIA

Granted q divorce from his wife,
Catherine W. Malcolm. on the ground
Of desertion by Judge Thornton in the
Circuit Court for Alexandra County. Va.
marrying q short time thereafter. and
then having his decree for divorce set
aside and his bill dismissed, is the pecu-
liar situation IN which Horace @. NAL
colin, q clerk in the Washington Post
once Department, residing at so4 New
York Avenue Northwest, hnds himself.
He has appealed to the Virginia State
Court Of Appeals.
The decision Of Judge Thornton is re-
garded as Of far reaching importance and
the decision Of the higher tribunal is
awaited with considerable interest
Mr.. Malcolm, August "a, 1905 filed suit
against his wife for divorce on the
ground Of desertIon. A notice OF the
suit was filed in a paper published in
Alexandria County, his wife at that time
living In Washington.
Was Granted Decree.
After testimony had been taken in the
case he was granted the divorce June q,
1909, Mr.. Malcolm Afterward remarked.
The wife from whom he was divorced.
upon learning Of the issuance Of the de-
cree. nled a petition IN the Circuit Court
for Alexandria County to reopen the case
and have the decree set aside, the Vir-
ginia law providing that where a divorce
Is obtained against a nonresident de-
fendant, without notice, such defendant
shall have one year after being notified
within which to come into court and
have any injustice rectihed-
The court. upon hearing the petition,
passed an order reopening the case. per-
mitting Sdrs. Malcolm to file an answer.
In her answer she alleged that Malcolm
had deserted her and the children; that
for a number OF years he had contributed
nothing 10 their support; that he had
never acquired a legal residence in Vir-
ginia, but lived In the District and voted
in New Jersey; that she had no knowl-
edge OF his having gone TO Alexandria
County for the purpose OF obtaining
divorce. and that the frst intimation she
had OF his action was the receipt by her
Of q copy OF his decree Of divorce.
Case Warmly Contested.
The case was warmly contested, a mass
OF testimony being taken on both sides.
Malcolm was represented by Attorney
T. Morris wampler. who had associated
with him Greed N. Fulton. Mrs. NAL
colin was represented by Attorneys Leo
P. Harlow and n. Carroll Downs
The case is regarded az very important
from q legal standpoint, as since the
passage Of the law allowing absolute d.
vorce in the District only on statutory
grounds many residents OF the District
who desire divorce have gone to Virginia
and acquired a residence in that State.
In Virginia the law allows an absolute
divorce for desertion when the same has
continued for three years, provided the
party suing has resided in that State for
one year prior to the filing OF the suit.
TIE law until the last session Of the
Legislature did not require that any no.
tice Of such a suit be served on the de-
fendant II a nonresident. IL being sum
Client TO publish a notice OF the suit in
q newspaper local TO the city or county
in which the suit was fled.