McIlroy v. McIlroy
Massachusetts Supreme Judicial Court
Appeal to the Superior Court from a decree of the Probate Court for the county of Suffolk, dated April 20, 1909, ordering that the Chelsea Savings Bank be charged as trustee of the respondent in the sum of $805.69 and that an execution issue for the sum of $990, as the arrears due to the petitioner for her separate support under a former decree of that court dated April 21, 1892. In the Superior Court the case was heard by Bell, J., without a jury.
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Appeal to the Superior Court from a decree of the Probate Court for the county of Suffolk, dated April 20, 1909, ordering that the Chelsea Savings Bank be charged as trustee of the respondent in the sum of $805.69 and that an execution issue for the sum of $990, as the arrears due to the petitioner for her separate support under a former decree of that court dated April 21, 1892. In the Superior Court the case was heard by Bell, J., without a jury. He found the following facts: The parties were married to each other in July, 1891, and thereafter lived together until the following September,…
1Opinion of the CourtSheldon, J.
It is not denied that the Probate Court had the power under the provisions of R. L. c. 153, § 33, to make its order for the payment by the respondent of a monthly sum to the petitioner his wife ; and § 35 of the same chapter, by reference to R. L. c. 152, § 31, authorizes that court to issue execution for the enforcement of its order. But the respondent contends that the order was annulled and avoided, or at the least that it was made incapable of enforcement, without any further order of the court, by the act of the petitioner in resuming cohabitation with her husband.
As this statute merely…
2Cases cited21 opinions
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Graves v. GravesMassachusetts Supreme Judicial Court · 1871
- Barclay v. BarclayIllinois Supreme Court · 1900
- Knapp v. KnappMassachusetts Supreme Judicial Court · 1883
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3Cited by52 opinions
- Ross v. RossMassachusetts Supreme Judicial Court · 1982
- Weidman v. WeidmanMassachusetts Supreme Judicial Court · 1931
- Rioux v. CroninMassachusetts Supreme Judicial Court · 1915
- Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
- Simonton v. SimontonIdaho Supreme Court · 1920
47 more not listed; retrieve them via the Exa API.