Scholz v. Scholz

Massachusetts Appeals Court

Scholz v. Scholz

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

CourtMassachusetts Appeals Court

DecidedJuly 17, 1974

StatusPublished

Cited by2 cases

This text of 314 N.E.2d 139 (Scholz v. Scholz) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

314 N.E.2d 139, 2 Mass. App. Ct. 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scholz-v-scholz-massappct-1974.

Opinion

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