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WEINING v. SELLITTO

Court of Errors and Appeals.
Apr 30, 1937

PER CURIAM.

Our examination of the proofs taken in the court below convinces us that the order setting aside the decree pro confesso as against the infant Spenzierato, appointing a guardian and permitting an answer to be filed and awarding a counsel fee to the petitioner, was properly entered and it is therefore affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, LLOYD, CASE, BODINE, DONGES, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 13.

For reversal — PARKER, HEHER, JJ. 2.