Commonwealth v. Mills

Citations

• 26 Pa. Super. 549
• 1904 Pa. Super. LEXIS 350

Syllabus

<p>Husband and wife — Desertion—Appeals—Certiorari—Act of April 13, 1867, P. L. 78 — Act of May 9, 1889, P. L. 158.</p> <p>No appeal lies from the final order rof the court of quarter sessions made on the hearing of a desertion ease under the Act of April 13, 1867, P. L. 78, for the purpose of allowing the appellate court to review the exercise of the discretion of the court of quarter sessions. An appeal from such an order under the Act of May 9, 1889, P. L. 158, is still only a common-law certiorari, and on it the appellate court can pass upon nothing but the regularity of the proceedings below.</p> <p>Husband and urife — Desertion—Jurisdiction—Statutes—Repeal—Acts of April 13, 1867, P. L. 78, and March' 13, 1903, P. L. 26.</p> <p>The Act of March 13, 1903, P. L. 26, which makes it a misdemeanor for a husband or father to desert or neglect to support his wife and children, and imposes a penalty of a fine or imprisonment or both, for the offense, does not supersede the proceeding under the Act of April 13, 1867; P. L. 78, to compel a delinquent husband or father to contribute to the support of his wife and children.</p>