Churchill v. Churchill
Massachusetts Supreme Judicial Court
Petition, filed in the Probate Court for the county of Plymouth on August 1, 1919, under R. L. c. 153, § 33, for separate maintenance. » From the decree, described in the opinion, entered in the Probate Court by order of L. E. Chamberlain, J., the petitioner appealed to the Superior Court, where the petitioner filed a motion for counsel fees. The case was heard in the Superior Court by Thayer, J. Proceedings there are described in the opinion.
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Petition, filed in the Probate Court for the county of Plymouth on August 1, 1919, under R. L. c. 153, § 33, for separate maintenance. » From the decree, described in the opinion, entered in the Probate Court by order of L. E. Chamberlain, J., the petitioner appealed to the Superior Court, where the petitioner filed a motion for counsel fees. The case was heard in the Superior Court by Thayer, J. Proceedings there are described in the opinion. The docket entry of January 3, 1921, referred to in the opinion, read as follows: “ Ordered that the respondent pay to the petitioner the sum of…
1Opinion of the CourtRugg, C. J.
This is a petition by a wife against her husband for separate support under R. L. c. 153, § 33 (see now G. L. c. 209, § 32; St. 1921, c. 56). In the Probate Court a decree was entered to the effect that the wife for justifiable cause was actually living apart from her husband and ordering amongst other matters that *445the husband pay her the sum of §30 for counsel fees and $12 each week for her support beginning with September 27, 1919. The wife appealed to the Superior Court. In that court she filed a motion that counsel fees be allowed to her.
There is set forth as a part of the respondent’s…
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