Carrara v. Carrara

Defendant appeals from an order setting aside an order modifying a final decree of divorce.

Question Presented

Did the irregularity in substitution of plaintiff’s attorney deprive the court of jurisdiction to hear plaintiff’s motion?

Record

In a final decree of divorce, the joint custody of their minor child was awarded the parties. In May, 1952, the decree was modified to define defendant’s right of visitation. In that proceeding plaintiff was represented by Attorney Murray. August 15th, defendant mailed to the latter a notice that on August 22d he would move to modify the final decree to give…