Cline v. Cline

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…