Commonwealth v. Bednarek

Citations

• 62 Pa. Super. 118
• 1916 Pa. Super. LEXIS 368

Syllabus

<p>Appeals — Certiorari—Order of support — Hushand and wife■ — ■ Evidence.</p> <p>An appeal from an order of the Municipal Court of Philadelphia County refusing to revoke an order of support, is in effect a certiorari and takes up the record only. The appellate court cannot consider the evidence.</p> <p>Where the Court of Quarter Sessions makes an order on a father <for the support of a child and subsequently the same court is petitioned to revoke the order on the ground that the minor child mentioned in the original order was not the child of petitioner, and the petition is dismissed, the matter is res adjudicata, and cannot be raised in a subsequent proceeding in the Municipal Court of Philadelphia County to revoke the order for the support of the child.</p>