
    Peter Smith, Libellant, versus Lucy Smith.
    Where a party, libelled against for a divorce, is within the state, the libel must be filed in the clerk’s office, and served on the party, fourteen days before the Court, or the libel will not be sustained.
    The libellant presented his libel for a divorce during the sitting of the Court at the last April term in this county, and took out an order of notice to the respondent, to be served thirty days before this term, and personal notice was given by the sheriff pursuant to the order.'
   But the Court refused to sustain the libel, observing that the directions of the statute must be pursued, or the Court could not take jurisdiction. The statute expressly enacts that no cause of divorce or alimony shall be brought before the Court, unless the party complaining shall file his or her libel in the office of the clerk, and shall cause the other party, if in the state, to be served with an attested copy, and a summons to appear at the Court fourteen days, at least, before its sitting. But if the party is not within the state, then the other party is to be notified in such manner as the Court shall direct. The statute is very plain, and its provision must be complied with.

The libellant discontinued.  