HEATH v. HEATH


325 Mass. 126 (1949)

89 N.E.2d 338

VIRGINIA M. HEATH vs. HENRY S. HEATH, (and a companion case).

Supreme Judicial Court of Massachusetts, Essex.

December 13, 1949.


Attorney(s) appearing for the Case

J.J. Foley & W.E. Carey, for Henry S. Heath, submitted a brief.

C.L. Arnold, (G.R. Morgan with him,) for Virginia M. Heath.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.


COUNIHAN, J.

There are two petitions: one for separate support, by the wife, alleging that she is living apart from her husband and specifying cruel and abusive treatment as the justifiable cause, G.L. (Ter. Ed.) c. 209, § 32; and one by the husband alleging that his wife has deserted him and that he is living apart for justifiable cause. After a full hearing in the Probate Court a decree was entered on the petition...

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