218 Mass. 73 | Mass. | 1914
The plaintiff relies upon the well settled doctrine
In this case it appeared that upon the wife’s petition orders had been made by the Probate Court for the payment by the defendant of a fixed weekly sum to bis wife for her support. The latest one of these orders still is in force and has been complied with by him. It follows that, although she is living apart from him by his consent, provision has been made for her support, and this action cannot be maintained. Alley v. Winn, 134 Mass. 77. Bailey v. Dillon, 186 Mass. 244. Our decision does not rest upon the stipulation filed in the Probate Court. The court took no action
The order dismissing the report must be
Affirmed.