Abba Gana v. Abba Gana

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reviewing a motion to set aside divorce proceedings for failure to obtain proper service by publication
• reversing trial court’s denial of the husband’s motion to set aside upon finding that the court erred in authorizing service by publication because the wife had not exercised due diligence in attempting to locate the husband
• “[service] by publication is a notoriously unreliable means of actually informing interested parties about pending suits”
• wife presented sworn testimony that she could not pinpoint husband’s current residence and moved court to order service by publication in divorce action
• “an interested party’s actual knowledge of pending proceedings is of no consequence unless he was legally served or waived service”
• “[Although it is the trial court which first passes upon the legality of notice, the appellate courts must independently decide whether under the facts of each case the search for the absentee interested party was legally adequate.”

Source: CourtListener parenthetical corpus (CC0).