Commonwealth ex rel. Tucker v. Tucker

Citations

• 78 Pa. Super. 19
• 1921 Pa. Super. LEXIS 332

Syllabus

<p>Practice — Discontinuance—Habeas corpus — Dismissal.</p> <p>A discontinuance, in strict law, must be by leave of the court, but it is the universal practice in Pennsylvania to assume such leave in the first instance, subject to its withdrawal on cause shown. Discharge of a rule to strike off a discontinuance is equivalent to a grant of leave to discontinue. Dismissal, by the court, of a writ of habeas corpus, after a discontinuance by the parties, turned them out of court. A decree entered three weeks after the court had dismissed the writ was without authority of law.</p> <p>Domestic relations — Parent and child — Custody—Jurisdiction.</p> <p>The mere fact that the parents of a child have unfortunate differences concerning its custody, and have, by writ of habeas corpus, invoked the jurisdiction of a court, does not invest the court with jurisdiction to interfere with family arrangements after it has dismissed the writ, without entering any decree as to the custody of the child.</p>