Legal Opinion

Cline v. Cline

Massachusetts Supreme Judicial Court

Decided January 7, 1953PublishedCited by 12 opinions

1Opinion of the CourtCounihan, J.

This is a petition for discovery filed in the Probate Court under G. L. (Ter. Ed.) c. 215, § 44, as amended by St. 1941, c. 323, § 1, and St. 1943, c. 91. From an order of a judge dismissing the petition as matter of discretion the petitioner appeals. The evidence is not reported but the judge filed a report of material facts.

The issues before us are: (1) Was it within the discretion of the judge to dismiss the petition? (2) If it was discretionary, was that discretion exercised by the judge who issued a citation upon the petition when it was filed?

We are of opinion that there was no error in…

2Cases cited3 opinions

  1. Brennan v. Election CommissionersMassachusetts Supreme Judicial Court · 1942
  2. Owens-Illinois Glass Co. v. BresnahanMassachusetts Supreme Judicial Court · 1948
  3. McNulty v. HoweMassachusetts Supreme Judicial Court · 1935

3Cited by12 opinions

  1. City Bank & Trust Co. v. Board of Bank IncorporationMassachusetts Supreme Judicial Court · 1963
  2. Colony of Wellfleet, Inc. v. HarrisMassachusetts Appeals Court · 2008
  3. Hunters Brook Realty Corp. v. Zoning Board of AppealsMassachusetts Appeals Court · 1982
  4. MacPherson v. Boston Edison Co.Massachusetts Supreme Judicial Court · 1957
  5. Bond Liquor Store, Inc. v. Alcoholic Beverages Control CommissionMassachusetts Supreme Judicial Court · 1957

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