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CLINE v. CLINE

329 Mass. 649 (1953)

110 N.E.2d 123

ALBERT H. CLINE vs. DAVID CLINE.

Supreme Judicial Court of Massachusetts, Norfolk.

January 7, 1953.

Attorney(s) appearing for the Case

Max J. Zieman, (Maurice B. Ulin with him,) for the petitioner.

George Alpert, for the respondent.

Present: QUA, C.J., LUMMUS, RONAN, WILLIAMS, & COUNIHAN, JJ.

COUNIHAN, 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. 91.1 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...

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