Doole v. Doole
Massachusetts Supreme Judicial Court
Petition to the Probate Court, under the Pub. Sts. c. 147, § 33, by Hannah Doole, alleging that she was the lawful wife of William J. Doole, and that her husband failed without just cause to furnish suitable support for her; 'and praying that the court would prohibit the husband from imposing any restraint on her personal liberty, and would make an order for her support.
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Petition to the Probate Court, under the Pub. Sts. c. 147, § 33, by Hannah Doole, alleging that she was the lawful wife of William J. Doole, and that her husband failed without just cause to furnish suitable support for her; 'and praying that the court would prohibit the husband from imposing any restraint on her personal liberty, and would make an order for her support. On this petition the judge of probate made a decree, on October 14, 1885, that “ the said William J. Doole do pay to the said petitioner the sum of fifteen hundred dollars forthwith, such sum being decreed to be the whole sum…
1Opinion of the CourtMorton, C. J.
In proceedings under the Pub. Sts. c. 147, § 33, it is not competent for the Probate Court to enter a decree, without the consent of parties, that the husband shall pay a sum in gross for all support of his wife in the future.
The provision of the statute, that the court may make such “ order as it deems expedient concerning the support of the wife,” must be construed with reference to the nature and purposes of the proceeding, and does not authorize a decree for a sum in gross, which looks to, and is based upon, the permanent future separation of the husband and wife. Such a decree may be…
2Cited by14 opinions
- Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921
- Rosa v. RosaMassachusetts Supreme Judicial Court · 1936
- Slavinsky v. SlavinskyMassachusetts Supreme Judicial Court · 1934
- Wireless Specialty Apparatus Co. v. PriessMassachusetts Supreme Judicial Court · 1923
- Dunnington v. DunningtonMassachusetts Supreme Judicial Court · 1949
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