John Marshall Harlan

“ The probate court is a court of record, established by the general court of Massachusetts under the authority of the Constitution of the commonweath. Mass. Const. 1822; Mass. Pub. Stat. 1882, chap. 156. It has jurisdiction when a wife, for justifiable cause, is actually living apart from her husband, to make such order as it deems expedient concerning her support. ”

“ No bill of exceptions as to the evidence in the probate court seems to have been taken, and we have before us only a record showing that the plaintiff, claiming to be the wife of the defendant herein, sued for separate maintenance and support, alleging that she was living apart from him for justifiable cause, and that the relief asked was denied and her petition dismissed without any statement of the specific grounds on which the court proceeded, and without any qualifying words indicating that the decree was otherwise than upon the merits as to the issues made. ”