Gabriel v. Gabriel

Emery, V. C.

The application to open the decree nisi will be denied. The main object of the provision of the statute, delaying for six months final decree upon decree nisi, was to afford some opportunity for protection of the court and the state against decrees which were collusive or fraudulent -decrees. It was not intended by this provision for the two decrees to give a defendant who really believed he had a defence the advantage of delaying it until the case against him had been first presented before a master and decree nisi thereon, and then give an opportunity for making the entry of the…