Commonwealth v. MacArthur

Citations

• 62 Pa. Super. 535
• 1916 Pa. Super. LEXIS 467

Syllabus

<p>Appeals — Certiorari—Evidence—Custody of children — Habeas corpus.</p> <p>An appeal from an order in a habeas corpus proceeding relating to the custody of children, is in the nature of a certiorari. Neither the testimony nor the findings of fact however unwarranted, are brought up with the record, which alone can be considered. If it is clearly evident that the court has proceeded on an erroneous theory of the law upon which its order is based, the appellate court has power to correct such mistake.</p> <p>On such an appeal a complaint that the court below did not pass upon the facts presented for adjudication, cannot be sustained where the decree itself sets forth that it was made after a consideration of all the testimony.</p> <p>The court must consider the question of fitness and the best interest of the child. It is advisable to incorporate these findings in the decree.</p>