Legal Opinion

Bucknam v. Bucknam

Massachusetts Supreme Judicial Court

Decided May 18, 1900PublishedCited by 20 opinions

Petitios to the Probate Court, under Pub. Sts. c. 147, § 33, for separate support. The case was submitted on appeal to the Superior Court, and, after an order to the respondent to pay certain sums at certain times to the petitioner, to this court, on appeal, upon an agreed statement of facts, the nature of which appears in the opinion.

1Opinion of the CourtKhowltoh, J.

This is a petition filed in the Probate Court under Pub. Sts. c. 147, § 33, alleging that the respondent fails, without just cause, to furnish suitable support for the petitioner, who is his wife, and asking that the court make an order for her support. The only question before us is whether the court has power to make such an order while the wife is living in the same house with her husband and is performing some of the duties of a wife. The statute enumerates three classes of cases in which the court may make an order concerning the support of a wife: It may be done “ when a husband fails,…

2Cases cited1 opinion

  1. Bigelow v. BigelowMassachusetts Supreme Judicial Court · 1876

3Cited by20 opinions

  1. In re DoleHawaii Supreme Court · 1903
  2. McIlroy v. McIlroyMassachusetts Supreme Judicial Court · 1911
  3. Topor v. ToporMassachusetts Supreme Judicial Court · 1934
  4. Department of Revenue v. JarvenpaaMassachusetts Supreme Judicial Court · 1989
  5. Churchill v. ChurchillMassachusetts Supreme Judicial Court · 1921

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