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WAVRINEVICH v. WAVRINEVICH

170 A.2d 709 (1961)

Alexander T. WAVRINEVICH, also known as Alexander T. Wawryniewick, v. Tessie WAVRINEVICH, also known as Ceslawa Wawrynewick.

Superior Court of Delaware, New Castle.

May 1, 1961.

Attorney(s) appearing for the Case

Vincent A. Theisen and Victor F. Battaglia, of Theisen & Lank, Wilmington, for petitioner.

Joseph Donald Craven, Wilmington, for respondent in the rule.

CAREY, Judge.

A decree nisi based upon charges of adultery was granted to the plaintiff on July 15, 1960. No answer to the divorce petition had been filed at that time, and the defendant did not appear personally or by counsel at the hearing. On October 6, 1960, the wife filed a motion to set aside the decree and to dismiss the petition. A stay of the final decree was entered pending decision on this motion. Thereafter, the plaintiff moved to dismiss her motion on...

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