Scholz v. Scholz

Full title: ELINORE J. SCHOLZ vs. WALTER P. SCHOLZ

Court: Appeals Court of Massachusetts

Date published: Jul 17, 1974

2 Mass. App. Ct. 859 (Mass. App. Ct. 1974)

314 N.E.2d 139

Opinion

July 17, 1974.

Felix F. Perrone for the libellee.

Shirley R. Lewis for the libellant.

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.