Leventhal v. Leventhal

Massachusetts Supreme Judicial Court
Leventhal v. Leventhal, 351 Mass. 706 (Mass. 1966)
221 N.E.2d 880

Leventhal v. Leventhal

Opinion of the Court

The respondent appeals from the denial by a judge of the Probate Court of his motion to dismiss a petition for support for lack of proper notice to him, and also from an order for the payment of a certain sum to the petitioner. There was no error. The respondent filed a special appearance, then contested the case on its merits. “The question whether proper service was made was for the Probate Court, and, in deciding it, the court was not confined to the return made, and must be presumed to have satisfied itself that the service was properly made.” Edds, appellant, 137 Mass. 346, 347. There is no showing that the judge’s order for payment was not proper in the circumstances. See Ecklund v. Ecklund, 288 Mass. 517, 518; Durfee v. Durfee, 293 Mass. 472, 477.

Orders affirmed.

Reference

Full Case Name
Tillye Leventhal v. Harold A. Leventhal
Status
Published