Opinion
05-15-1907
OWENS v. OWENS.
George G. Runyon, for petitioner.
Petition for divorce by Clara L. Owens against Roger S. Owens. Decree denied.
George G. Runyon, for petitioner.
LEAMING, V. C. In this cause the name of the defendant is "Roger H. Owens." The citation is directed to "Roger S. Ownes," and the return of service contains that name. All of the files in the cause, except the master's report, are indorsed: "Roger S. Ownes, Defendant."
It seems reasonably clear that the error has occurred through the erroneous indorsement on the petition, and also that the real defendant, Roger H. Owens, was in fact the person served. It is manifest, however, that a final decree should not be advised with the record in its present condition.
A petition should be presented setting forth specifically all of the errors which appear in the record and praying for an order of correction. This petition should be accompanied with all necessary affidavits to satisfy the court that the error is purely clerical, and that the husband of petitioner was in fact the person served with the citation and the person who is referred to by the name "Roger S. Ownes." Upon such petition and proofs the Chancellor may, if so advised, order the proceedings amended under section 15 of the divorce act of 1902 (P. L. p. 506).
I shall decline to advise a decree upon the present record.