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Show -;B'G.1CSS: f I IMS, WJt 'In an opinion handed down by the Supreme court yesterday the policy of Utah regarding the granting of divorce where the' defendant is a non-resident was laid down. The decision was made in the divorce suit bronght by Emma J. J Aldrach against William F. Aldraeh. The court jysned a peremptory writ of mandate ,- against Judge Charted W7 Morse ordering him to grant a. decree of divorce in the case. The opinio is of vital importance inasmuch as it lays down the policy to Ibe followed by Utah in regard to the opinioa recentlv handed down by the United States Supreme court, in which the court refused ' to grant a divorce where the defendant was a non-resident.- The State Supreme court holds that in a marriage maintained and established estab-lished in Utah, service can be secured by publication, or "constructive summons;" sum-mons;" as it is called. .The court declares de-clares that according to its interpretation interpreta-tion of the United , States, court opinion, opin-ion, the domicile of matrimony is meant and- that such must be within the State where the action is planted.- The court fails .to pass on' the question' ques-tion' of whether a, divorce could be granted where the defendant had never been a resident of the State. The opinion was written by Justice Friek and concurred in by Chief Jus-lice Jus-lice aicCarty and Justice Stranp. The Aldrach divorce case was heard before Judge Morse. He asserted that as far as the evidence was concerned the complainant was entitled to the relief re-lief asked,. bat that he was unable to give the. decree in accordance with the opinion of the United 'States court. The matter was taken before the State Supreme Su-preme court on a petition for a writ of mandate. : Attorney S. P. Armstrong represented Mrs. Aldrach and Dev and Hoppaugh ' and S. B. Thurman "represented "repre-sented Judge .Morse. |