264 Mass. 40 | Mass. | 1928
This is a petition for separate maintenance under G. L. c. 209, § 32. The judge of the Probate Court found that the appellee was living apart from her husband for justifiable cause, and made a decree ordering him to pay her $100 forthwith as counsel fees and the further sum of $125 a month for her support and maintenance. From this decree the appellant appealed and on request the judge made a report of his findings to this court. G. L. c. 215, § 11.
The appellant, however, seeks to have the order modified in this court because, as he alleges in his brief, certain facts have occurred since the hearing in the Probate Court. These facts as alleged are (1) “That1 after that hearing the appellant turned over to the appellee Roxy Theatres stock of the cash value of $1,500”; (2) “That the appellant has since paid $100 counsel fees to the appellee’s counsel, as ordered by the probate judge at that time”; and (3) “That the appellant has since the hearing paid the appellee monthly support at the rate of $20 per week, which has been paid by him and received by her without prejudice to either side.” The Probate Court, under G. L. c. 209, § 32, has authority to revise and alter any order in reference to the support of a wife living apart from her husband for justifiable cause when
Since there is no error as between the parties hereto by the decree appealed from, let the entry be
Decree affirmed.