27 A. 223

McTYE v. McTYE.

Supreme Court of New Hampshire Strafford.
Decided December, 1891.

LIBEL, for divorce. An order of notice by publication, “the last publication to be at least one week prior to” the return day, was issued and complied with. The last day of publication was ten days before the return day. The defendant did not appear. If the notice was sufficient, a divorce is to be granted.

ALLEN, J.

In the absence of a finding to the contrary, it must be presumed that the notice was ordered by the court under the authority conferred by the statute. P. S., c. 222, s. 3; c. 2, s. 32.

Divorce decreed.

CARPENTER, J., did not sit: the others concurred.

David R. Pierce, for the plaintiff.

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