Wavrinevich v. Wavrinevich

Carey, J.:

A decree nisi based upon charges of adultery was granted to the plaintiff on July 15, 1960. No answer to the divorce petition had been filed at that time, and the defendant did not appear personally or by counsel at the hearing. On October 6, 1960, the wife filed a motion to set aside the decree and to dismiss the petition. A stay of the final decree was entered pending decision on this motion. Thereafter, the plaintiff moved to dismiss her motion on the ground that it fails to state a claim on which relief can be granted. Affidavits having been filed by both parties, under Rule…