Olsen v. Olsen

LUMMUS, Justice. On April 29, 1935, upon a petition for separate support between the parties, a decree was entered in these terms: It appearing to the court that said Carl A. Olsen has been cruel and abusive towards the petitioner but that said petitioner is not actually living apart from the respondent within the meaning of G.L.(Ter.Ed.) c. 209, § 32, it is decreed that said petition be dismissed. It does not appear whether the form of the petition restricted the inquiry so that relief could not be given unless the petitioner proved that she was actually living apart from her husband. See Bucknam v. Bucknam, 176 Mass. 229, 57 N.E. 343, 49 L.R.A. 735; McIlroy v. McIlroy, 208 Mass. 458, 464, 94 N.E. 696, Ann.Cas.1912A, 934; Marshall v. Marshall, 236 Mass. 248, 128 N.E. 27; Farrell v. Farrell, 262 Mass. 209, 159 N.E. 495. At any rate, no appeal was taken by either party from that decree.