Mitchell v. Mitchell

This is a petition brought in the Probate Court to vacate a decree of divorce nisi entered in that court which became absolute. There is a report of material facts. (G. L. [[Ter. EdJ c. 215, § 11.) The petitioner appealed from the decree dismissing her petition.

The respondent, on October 26, 1937, filed a libel for divorce against the petitioner. Personal service of the libel was made on the libellee on December 27, 1937. A general appearance was filed for her on January 19, 1938, *166and, through her counsel, she filed an answer to the libel and a motion for specifications on January 22, 1938.

In…