Baggett v. Bagget

541 S.W.2d 407 (1976)

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Nature of the Case

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Facts

Mary Baggett (P) was the lawful wife of Javin Paul Baggett now deceased. Javin filed for a divorce in 1969. Javin stated in his complaint that P was a nonresident of Tennessee and that she now resided in Miami. Both lower courts found that at the time that Javin filed his complaint, he knew or could have easily ascertained P's mailing address. The only attempt to give P notice of Javin's action was by publication of notice in the County newspaper. P, the defendant in that action had no notice and failed to answer, and as such, the decree of divorce was rendered against her. Javin then married, Estelle and shortly thereafter, less than 30 days later, he died. P got notice of the divorce in April of 1970 and filed this action to set aside the decree.