Lord v. Cummings Book Reviews

Lord v. Cummings by Supreme Judicial Court of Massachusetts Book Summary

COX, Justice. The petitioner brought petition in equity in the Probate Court for Plymouth County in which he alleged, among other things, that the respondent who on April 7, 1930, was granted a decree nisi on a libel for divorce against him, and also the custody of their minor children, which decree became absolute, had caused the minor children to adopt and use another name than their own without the authority or action of any court. He prayed for an injunction to restrain the respondent from doing any thing to effectuate a change in the lawful names of their minor children. The respondent demurred to the petition, and a decree was entered sustaining the demurrer and dismissing the petition without prejudice to the right of the petitioner to raise the issue stated in any other proceeding. The petitioner appealed. If we assume, without deciding, that the subject matter of this petition comes within the general principles of equity jurisprudence, nevertheless we are of the opinion that the Probate Court has no jurisdiction. It was the duty of the Probate Court to consider such a point of its own motion. Baldwin v. Wilbraham, 140 Mass. 459, 4 N.E. 829; Commonwealth v. Andler, 247 Mass. 580, 142 N.E. 921, and cases cited; Jones v. Jones, Mass., 7 N.E.2d 1015; Golden v. Crawshaw, Mass., 19 N.E.2d 67.

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