DENNIS v. DENNIS


3 Mass. App. Ct. 361 (1975)

330 N.E.2d 490

ELLEN D. DENNIS vs. HARVEY M. DENNIS.

Appeals Court of Massachusetts, Middlesex.

June 25, 1975.


Attorney(s) appearing for the Case

Robert Cohen for the libellee.

David E. Neitlich for the libellant.

Present: HALE, C.J., ROSE, & ARMSTRONG, JJ.


ROSE, J.

This is a libel for divorce in which a decree nisi was originally entered on April 17, 1974. On September 5, 1974, the probate judge vacated the decree, purportedly on the ground that it had "been entered prematurely due to clerical error," and ordered the entry of a new decree identical in all respects to the first one, except, of course, for its date of entry. The libellant, Ellen, appeals from the order vacating the April 17 decree and from the disallowance...

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