Commonwealth v. Edgar

Citations

• 44 Pa. Super. 496
• 1910 Pa. Super. LEXIS 207

Syllabus

<p>Husband and wife — Proceedings for nonsupport — Act of April IS, 18n7, P. L. 78 — Appeals—Evidence.</p> <p>1. On an appeal from the final order of the quarter sessions in a nonsupport proceeding against a husband and father under the Act of April 13, 1867, P. L. 78, the appellate court has no jurisdiction to review the merits of the case or the discretion of the court below. It can only consider the regularity of the proceedings as shown by the record proper.</p> <p>2. A proceeding under the Act of April 13, 1867, P. L. 78, may be instituted by a mother to secure an order for the support of her minor daughter, although the wife had previously secured a decree of divorce a mensa et thoro by which she received a weekly payment of alimony for her own support and maintenance without reference to the child.</p>