Beall v. Beall

Citations

• 24 Haw. 29
• 1917 Haw. LEXIS 17

Syllabus

<p>Judgment — divorce—opening default.</p> <p>The technical law of default does not apply to an action of divorce and where there has been an ex parte hearing and a decree of divorce in favor of the libellant the default' should be opened, the decree set aside and the defendant permitted to defend on the showing made in this case as set forth in the opinion, although the showing might not be sufficient in an ordinary action.</p> <p>Same — same—same.</p> <p>The libellee in a divorce case was served out of the jurisdiction of the court; a decree of divorce rendered against him on ex parte hearing; a motion to open the default and set aside the decree was promptly made, the motion being supported by affidavit showing that the libeilee was anxious to defend and had cabled his attorney to appear for him, but owing to the temporary absence of his attorney libeilee was not represented at the hearing; the affidavit also showed that the libeilee denied nearly all the allegations of the libel and attempted to explain the others: Held, that the motion should have been sustained and it was an abuse of discretion to deny the same.</p>