Scire v. Scire

Order of Appellate Division affirmed. This is an action of contract brought by the former wife of the defendant on an execution issued from the Middlesex Probate Court. The trial judge in the District Court denied most of the plaintiff’s requests for rulings and found for the defendant. The Appellate Division took the view, for reasons stated in its opinion, that the trial judge erred in finding that the defendant sustained the burden of proving payment of the execution. The Appellate Division, however, on other grounds entered an order dismissing the report. It is well established that the…