Commonwealth v. Tragle

Citations

• 4 Pa. Super. 159
• 1897 Pa. Super. LEXIS 101

Syllabus

<p>Husband and wife — Desertion—Jurisdiction, Q. S.</p> <p>Under the Act of April 13, 1867, P. L. 78, the court of quarter sessions of any county where complaint is made has jurisdiction of the proceedings to enforce support of the deserted wife, without regard to the settlement or residence of the defendant husband and without reference to where the original desertion took place.</p> <p>The main question is whether the exigence and wrongful neglect contemplated by the statute exist. The action must be bona fide and within the spirit and meaning of the law. The proceeding 'however is out of the course of the common law and no appeal is given by statute. The case only comes before the appellate court as if on a writ of certiorari, and is governed by analogous principles.</p> <p>Jurisdiction, Superior Gourt — Review on appeal.</p> <p>The act of June 24, 1895, P. L. 212, creating the Superior Court did not alter the existing method of presenting cases for review, nor change, the legal effect. The Act of May 20,1891, P. L. 101, under which similar and additional powers are vested in the Supreme Court, has not been regarded by that tribunal as affecting the established method of presenting questions on appeal.</p> <p>The Act of May 9, 1889, P. L. 158 does not extend the right of review, it simply directs that all appellate proceedings shall be called appeals, but in no sense enlarges or modifies the povvers of the appellate court; because of that statute it is now necessary first to examine the record of each case and determine whether it is in fact an appeal, a writ of error, or a writ of certiorari, under the former practice, and deal with it accordingly.</p>