Commonwealth v. Smith

Citations

• 13 Pa. Super. 358
• 1900 Pa. Super. LEXIS 159

Syllabus

<p>Appeal — Husband and wife — Action for support.</p> <p>An appeal in a proceeding, under the Act of April 13, 1867, P. L. 78, by a wife against her husband, to obtain an order for her support confines the appellate court to an examination of the jurisdiction of the court and the regularity of the record.</p> <p>Jurisdiction, Q. S. — Questions of fact — Agreement to live separate.</p> <p>A reasonable agreement to live separate and apart if based upon good consideration will protect the husband in an action for support, but it is for the quarter sessions to determine the reasonableness of such agreement and their ruling thereon will not be iwiewed, nor can the appellate court reconsider any question of fact passed upon by the court below.</p>