Majority
p. 439Thomas Tucker vs. Florence Tucker. (February 19, 1917.) Pennewill, C. J., and Boyce, J., sitting. Superior Court, Kent County, February Term, 1917.
Headnote
Dismissal and Nonsuit—Involuntary—Unverified Divorce Petition.A divorce petition will not be dismissed because the notary’s seal was not attached to the jurat, but permission will be given to attach it.
W. Watson Harrington for plaintiff.
Arley B. Magee, special appearance for defendant.
p. 440Divorce, No. 23, February Term, 1917.
Action for Divorce by Thomas Tucker against Florence Tucker. On motion to dismiss the petition on the ground that the seal of the notary was not attached to the jurat. Motion denied.
When the case was called, on the first day of the term, Mr. Magee asked leave to appear specially for the defendant, for the purpose of moving to dismiss the petition, on the ground that the notary’s seal was not attached to the affidavit annexed to the petition. Leave to appear granted.
Mr. Harrington objected to the dismissal of the petition, on the ground that the absence of the seal from the affidavit was a clerical omission on the part of the notary, and asked that the notary be permitted to attach his seal during the day.
We decline to dismiss the petition. The notary may at any time during the day attach his seal to the affidavit.