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POWELL v. POWELL

NO. 2986.

40 Haw. 625 (1954)

Peggy W. POWELL v. James F. Powell.

Supreme Court of Hawaii.

Decided December 20, 1954.

Attorney(s) appearing for the Case

R.D. Welsh (B. Kanbara with him on the briefs) for respondent-appellant.

R.B. Jamieson (Hogan, Jamieson, Dyer & Rothwell with him on the brief) for petitioner-appellee.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE FELIX IN PLACE OF LE BARON, J., ABSENT.

OPINION OF THE COURT BY STAINBACK, J.

Appellee on January 29, 1954, filed a petition to the circuit judge at chambers against her husband, appellant, for separate maintenance, and for the support, maintenance and custody of their minor children. The petition alleged that appellee was a resident of the City and County of Honolulu, Territory of Hawaii.

On February 2, 1954, appellant filed a plea in abatement and prayed that the proceedings be abated on the grounds...

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