DENNIS v. DENNIS


337 Mass. 1 (1958)

147 N.E.2d 828

STANLEY W. DENNIS vs. ANNA DENNIS.

Supreme Judicial Court of Massachusetts, Middlesex.

February 12, 1958.


Attorney(s) appearing for the Case

Melvin J. Levine, for the petitioner.

Edward R. Bonitz, (Sidney L. Mitchell of New York & James J. Curley with him,) for the appellee.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & WHITTEMORE, JJ.


WHITTEMORE, J.

This is an appeal from an order of the Probate Court for Middlesex County which dismissed the petition of a libellee in prior divorce proceedings in that court to vacate the divorce decree. The grounds for relief alleged in the petition were fraud on the court and lack of jurisdiction.

There is a report of material facts and the evidence is also before us. The judge found, appropriately, the facts stated in the following paragraphs.

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