Marshall v. Marshall
Massachusetts Supreme Judicial Court
Appeal to the Superior Court from a decree of the Probate Court upon a petition under R. L. c. 153, § 33, ordering “that the petitioner have the care and custody of . . . minor child of” the parties and that the respondent “pay to her toward the support of said minor child” certain sums at stated times and “that said minor child shall not be taken out of said Commonwealth without the consent of her father or of the court; and that the father shall be permitted to. see and be…
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Appeal to the Superior Court from a decree of the Probate Court upon a petition under R. L. c. 153, § 33, ordering “that the petitioner have the care and custody of . . . minor child of” the parties and that the respondent “pay to her toward the support of said minor child” certain sums at stated times and “that said minor child shall not be taken out of said Commonwealth without the consent of her father or of the court; and that the father shall be permitted to. see and be with such child at such times and places as may be agreed upon by the parents or as may be fixed by the court.” Two of…
1Opinion of the CourtBraley, J.
The appellate court correctly ruled that the petition was brought under K L. c. 153, § 33, while the decree is in accordance with § 37. The question for decision therefore is whether the Probate Court had authority to enter the decree. The material allegations which the respondent was called upon to meet are, that the petitioner is his lawful wife; that he fails to support her; that she is living apart from him for justifiable cause; and “that there has been born to them the following children: Margaret Marshall, born March 13, 1905.” The relief asked is, that the court will make such…
2Cases cited5 opinions
- Chase v. Proprietors of the Revere HouseMassachusetts Supreme Judicial Court · 1919
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- Bucknam v. BucknamMassachusetts Supreme Judicial Court · 1900
- Smith v. SmithMassachusetts Supreme Judicial Court · 1891
- Everett v. EverettSupreme Court of the United States · 1909
3Cited by11 opinions
- Urbach v. UrbachWyoming Supreme Court · 1937
- Barry v. SparksMassachusetts Supreme Judicial Court · 1940
- Olsen v. OlsenMassachusetts Supreme Judicial Court · 1936
- Welker v. WelkerMassachusetts Supreme Judicial Court · 1950
- Briggs v. BriggsMassachusetts Supreme Judicial Court · 1946
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