The opinion of the court was delivered by SCHERER, J.S.C. (temporarily assigned).
Defendant Thomas Iovino appeals from an order entered by the Chancery Division on January 26, 1959, vacating a judgment nisi dated October 8, 1958, dismissing without prejudice the divorce complaint upon which the judgment was entered, but requiring the payment of the counsel fee awarded to the plaintiff in that judgment. The notice of motion to vacate was made December 12, 1958...
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