Opinion
Submitted February term, 1937.
Decided April 30th, 1937.
On appeal from the court of chancery, whose opinion is reported in 121 N.J. Eq. 60.
Mr. John J. Clancy, for the appellants.
Mr. Harry Kay, for the respondents.
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.