UTLEY v. UTLEY


355 Mass. 469 (1969)

245 N.E.2d 435

DOROTHY UTLEY vs. FRANCIS E. UTLEY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 10, 1969.


Attorney(s) appearing for the Case

James F. McLaughlin & Michael J. Grealy for the petitioner.

A. Van C. Lanckton for the respondent.

Herbert P. Gleason, Corporation Counsel, & William H. Kerr for the Boston Retirement Board.

Present: WILKINS, C.J., SPALDING, CUTTER, SPIEGEL, & REARDON, JJ.


SPALDING, J.

The question for decision is the correctness of an order of the Probate Court allowing the respondent's motion to discharge precepts of attachment which had been previously issued by the court.

The allowance of the motion arose in these circumstances. The petitioner is the wife of the respondent. On November 21, 1960, on the wife's petition, a decree was entered in the Probate Court that she was living apart from her husband for justifiable cause...

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