[575] Rev. Stat. of Idaho (1887), 305; Laws (1867), 69. The law of residence took its present form in 1867: but the provision of 1864, Laws (1863-64), 615, 616, is identical with that of Nevada quoted in the text.
[576] Comp. Laws of Nev. (1900), 115. Cf. Laws (1861), 96, 97; and Laws (1875), 63.
[577] Stat. of S. D. (1899), II, 1029; Rev. Codes (1903), 602. The territorial law of 1883: Levissee, Ann. Codes of Ter. of Dak. (1884), 751, requires a residence of ninety days.
[578] In California and Montana summons and publication in divorce suits are given under the general provisions for civil actions: Pomeroy, Codes and Stat.: Civil Proced. (1901), secs. 410 ff.; Codes and Stat. of Mont. (1895), 782, 796, 797. This is, of course, not inconsistent with Sharon v. Sharon (1885), 67 Cal., 185, ruling that an action for divorce is a case in equity under the clause in the constitution conferring appellate jurisdiction on the supreme court.
[579] The statute of Wisconsin requires the proceedings to be as in "courts of record" so far as practicable: Ann. Stat. (1889), I, 1362.
[580] In New York, for instance, the order for publication must direct that the summons be published "in two newspapers, designated in the order as most likely to give notice to the defendant, for a specified time, which the judge deems reasonable, not less than once a week for six successive weeks;" and unless the judge is satisfied from affidavits presented that the defendant's residence is unknown, it must also require that copies of the summons, complaint, and order be mailed to him at a specified place: Birdseye, Rev. Stat. (1896), I, 18. The laws of Ohio and Kansas are similar: Bates, Ann. Rev. Stat. of Ohio (1897), II, 2805; Laws of Kan. (1897), II, 273. By the statute of Pennsylvania, if the adverse party is not found, the court may issue an alias subpoena, and trial may be set for a later term. If a second time personal service cannot be had, notice must be "published in one or more newspapers printed within or nearest to the said county for four weeks successively" prior to the first day of the next term: Pepper and Lewis, Digest (1896), I, 1642. Colorado has a careful provision. See also Civil Laws of the Hawaiian Islands (1897), 716-18; and the new law of New Jersey: Acts (1903), 122, 123.
[581] By Laws (1899), 1471, 1472, on application of either party, when the assigned cause is adultery, a jury must be called; and in other cases it may be empaneled.
[582] Mills, Ann. Stat. of Col. (1897), III, 438; Ann. Codes and Stat. of Wash. (1897), II, 1600.
[583] Rev. Stat. of Ind. (1896), I, sec. 1038. An emergency act of 1901 makes provision for counties of 100,000 inhabitants; that is, for Marion county, containing Indianapolis. Where no bona fide counsel for the defendant is entered in the appearance docket, the prosecuting attorney is to enter his name therein, and to resist the petition on behalf of the state. Any attorney, other than the prosecuting attorney, appearing for the defendant, if so ordered by the court, must file a written authority executed by the defendant: Laws (1901), chap. 151, pp. 336, 337. In substance this requirement as regards the prosecuting attorney is made general for the state by an act of 1903: Laws, 393, 394.
[584] Mills, Ann. Stat., III, 438; Laws (1893), 238, 239.