Opinion
No. 35-794.
12-31-1915
MATTSON v. MATTSON.
Edw. Oakes, of Newark, for petitioner. Melosh & Morten, of Jersey City, for defendant.
Petition for divorce by Henrietta Mattson against James M. Mattson. Decree nisi for petitioner, and defendant presents a motion to compel petitioner to take a final decree or discontinue the action. Motion granted.
See, also, 94 Atl. 405.
Edw. Oakes, of Newark, for petitioner. Melosh & Morten, of Jersey City, for defendant.
GRIFFIN, V. C. A decree nisi in favor of the petitioner against the defendant in the above cause was signed June 6, 1913, in an action for divorce on the ground of desertion. Since that time the petitioner has declined to enter the decree absolute in her favor, whereupon the defendant's solicitor gave notice of a motion to compel the petitioner "either to take a final decree, or else to discontinue the above entitled action." More than two years have elapsed since the petitioner became entitled to enter her absolute decree upon the decree nisi. I will advise an order that the decree nisi be opened and the petition dismissed, unless within 30 days from the date of the order the petitioner enters her decree absolute. Lewis v. Lewis, L. R. 6 P. & D. Div. (1902) 212; Boddington v. Boddington, L. R. 6 P. & D. Div. (1881) 13; Ousey, v. Ousey, L. R. 1 P. & D. Div. (1875-76) 58.
Counsel may present an order in accordance with the above views at the Chancery Chambers in the city of Jersey City, on Monday, January 3d next.