Tully v. Tully
Massachusetts Supreme Judicial Court
Petition to the Probate Court, under Pub. Sts. c. 147, § 33, alleging that the petitioner was the wife of Luke Tully; that he failed, without just cause, to furnish suitable support for her, and had wilfully deserted her; and praying that the court would prohibit the husband from imposing any restraint on her personal liberty for such time as the court should direct, or until the further order of the court, and would make such further order as it deemed expedient concerning…
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Petition to the Probate Court, under Pub. Sts. c. 147, § 33, alleging that the petitioner was the wife of Luke Tully; that he failed, without just cause, to furnish suitable support for her, and had wilfully deserted her; and praying that the court would prohibit the husband from imposing any restraint on her personal liberty for such time as the court should direct, or until the further order of the court, and would make such further order as it deemed expedient concerning her support and maintenance. On this petition the judge of probate ordered that the husband be prohibited from imposing…
1Opinion of the CourtAllen, J.
The only question is whether, assuming all else in favor of the petitioner, her petition should be dismissed for the reason that the respondent’s only means for complying with the order of the court are from money which he has received or may hereafter receive for a pension granted by the general government. It appears that on or about May 1, 1890, he received about $2,800, in a gross sum, all of which he expended or gave away within less than twelve months, except $250, which he had remaining in his own personal custody and control. It has been held that pension money, after being actually…
2Cases cited1 opinion
- Spelman v. AldrichMassachusetts Supreme Judicial Court · 1879
3Cited by19 opinions
- Wissner v. WissnerSupreme Court of the United States · 1950
- Schlaefer v. SchlaeferCourt of Appeals for the D.C. Circuit · 1940
- Cohen v. MurphyMassachusetts Supreme Judicial Court · 1975
- Krokyn v. KrokynMassachusetts Supreme Judicial Court · 1979
- Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
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