Stypas v. Stypas

District of Columbia Court of Appeals

Stypas v. Stypas

173 A.2d 218, 1961 D.C. App. LEXIS 311

District of Columbia Court of Appeals·Decided August 1, 1961·No. No. 2798·Published

Opinion

PER CURIAM.

Appellant brought this action for the annulment of her marriage to appellee or in the alternative for an absolute divorce on the grounds of desertion. A copy of the complaint was mailed to appellee at his temporary residence in Greece. In reply, he sent a letter to the court denying the various-allegations of the complaint. The court refused to accept this letter as a formal appearance. This is the alleged error. However, an examination of the trial court’s file reveals that upon appellee’s return to-this country, an alias summons was issued and he was personally served on July 11, 1961. We therefore hold that the question is now moot.

Appeal dismissed.

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PER CURIAM.

Appellant brought this action for the annulment of her marriage to appellee or in the alternative for an absolute divorce on the grounds of desertion. A copy of the complaint was mailed to appellee at his temporary residence in Greece. In reply, he sent a letter to the court denying the various-allegations of the complaint. The court refused to accept this letter as a formal appearance. This is the alleged error. However, an examination of the trial court’s file reveals that upon appellee’s return to-this country, an alias summons was issued and he was personally served on July 11, 1961. We therefore hold that the question is now moot.

Appeal dismissed.

Stypas v. Stypas, 173 A.2d 218, 1961 D.C. App. LEXIS 311 (D.C. 1961).

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