Littlejohn v. Littlejohn
Massachusetts Supreme Judicial Court
Motion, filed with this court on September 22, 1920, for the dismissal of an appeal from a decree of the Probate Court for the county of Franklin, entered on June 15, 1920, placing the minor child of Mary Jane Littlejohn and of Herbert P. Littlejohn in the custody of the mother and directing the father to contribute $5 each week to the child’s education and maintenance “until the further order of said court,” and for the affirmation of that decree.
1Opinion of the CourtRugg, C. J.
This is a motion made before the full court to dismiss an appeal from a decree of the Probate Court on the ground of want of prosecution in failing to have printed required papers for consideration by this court and to affirm the decree of the Probate Court. The motion is opposed on the ground that there is no jurisdiction to entertain the motion. The facts are that the petition was entered in the Probate Court on May 21, 1920, and final decree was entered on June 15, 1920. Within less than twenty days thereafter the petitioner filed in the Probate Court an appeal. He caused to be prepared…
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