Commonwealth v. Hawk

Citations

• 73 Pa. Super. 409
• 1920 Pa. Super. LEXIS 28

Syllabus

<p>Habeas corpus — Municipal court — Order for support of wife and custody of children — Validity of order — Bay in court — Right of appeal — Act of July 11,1917, P. L. 817.</p> <p>The Act of July 11,1917, P, L. 817, providing “in all proceedings now pending or hereafter brought, any party aggrieved by any order, decree, or judgment in any habeas corpus proceeding, involving the custody of children in any of the courts of this Commonwealth, shall have the right to appeal therefrom to the Superior Court,” gives the right of appeal from an order of a municipal court awarding the custody of children to the relator in habeas corpus proceedings, even though the time of such custody be for an indefinite period.</p> <p>Where on habeas corpus proceedings for the custody of children the record shows that no hearing was given the respondent, and no evidence was heard as to his fitness or unfitness to have the custody of his children, and that he did not have his day in court, an order of the municipal court awarding the children to the relator will be reversed.</p>