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CHIVVIS v. CHIVVIS

184 A.2d 773 (1962)

Mary Alice CHIVVIS v. Almond B. CHIVVIS.

Supreme Judicial Court of Maine.

October 18, 1962.

Attorney(s) appearing for the Case

Sidney W. Wernick, John J. Flaherty, Portland, for appellant.

Peter G. Hastings, Fryeburg, for appellee.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and SIDDALL, JJ.

SIDDALL, Justice.

On Report. This proceeding was brought under the provisions of R.S.1954, Chap. 166, Sec. 45, the pertinent parts of which read as follows:

"If a wife, without just cause, deserts her husband, or if he is living apart from her for just cause, and if such desertion or living apart has continued for the period set out in section 44, the probate court may upon petition of the husband * * * enter a decree that such husband is so deserted or is...

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