Scholz v. Scholz

Massachusetts Appeals Court

Scholz v. Scholz

314 N.E.2d 139, 2 Mass. App. Ct. 859

Massachusetts Appeals Court·Decided July 17, 1974·Published·Cited by 2 cases

Opinion

The libellee seasonably appealed from a decree of divorce nisi granted to his wife in a Probate Court on July 10, 1972, but he failed to seek or obtain a stay of the decree pending the appeal under the provisions of G. L. c. 215, §§ 23 and 24. In the absence of such a stay, the decree became absolute upon the expiration of six months from the date of entry. G. L. c. 208, § 21. In these circumstances the appeal brings no issue before the court. Sloane v. Sloane, 349 Mass. 318, 318-319 (1965). See MacNevin vs. MacNevin, 319 Mass. 719 (1946).

Appeal dismissed.

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The libellee seasonably appealed from a decree of divorce nisi granted to his wife in a Probate Court on July 10, 1972, but he failed to seek or obtain a stay of the decree pending the appeal under the provisions of G. L. c. 215, §§ 23 and 24. In the absence of such a stay, the decree became absolute upon the expiration of six months from the date of entry. G. L. c. 208, § 21. In these circumstances the appeal brings no issue before the court. Sloane v. Sloane, 349 Mass. 318, 318-319 (1965). See MacNevin vs. MacNevin, 319 Mass. 719 (1946).

Appeal dismissed.

Scholz v. Scholz, 314 N.E.2d 139, 2 Mass. App. Ct. 859 (Mass. Ct. App. 1974).

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Opinion

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