State ex rel. Dixon v. Wolfe

Citations

• 63 Fla. 290

Syllabus

<p>1. In a suit for divorce no decree should be made without proof of the allegations of the bill; and, even if the defendant fails to appear, the courts are nevertheless bound to proceed with the same formality as if he were present and maintaining the keenest opposition, hence the entry of a decree pro cmvfesso in such a suit amounts to but little.</p> <p>2. Although a decree pro confesso be entered against the wife in a divorce proceeding it is within the power and duty of the chancellor to require the complainant to produce evidence within the jurisdiction of the court that was apparently essential to justice in the cause and the protection of the rights of all parties involved and of the public morals and general welfare.</p> <p>3. In a mandamus proceeding to require a Circuit Judge to proceed to a disposition of a pending divorce suit, if it appears that the judge rightly declined to proceed because the complainant in the cause failed to procure testimony of witnesses within the jurisdiction of the court that the judge regards as essential to justice in the cause, the alternative writ may be quashed.</p>