Erdner v. Erdner

Citations

• 234 Pa. 500
• 83 A. 420
• 1912 Pa. LEXIS 678

Syllabus

<p>Constitutional law — Title of act — Husband and wife — Desertion and non-support — Equity.</p> <p>1. Tbe Act of April 27, 1909, P. L. 182, amending the Act of May 23, 1907, P. L. 227, and entitled “An Act to amend the Act of 1907 by permitting husband and wife to testify, and providing for the method of service or process” is not unconstitutional as containing more than one subject in its title.</p> <p>Equity — Equity practice — Service by publication — Legal Journal — Act of May 8, 1909, P. L.</p> <p>2. The Act of May 3, 1909, P. L. 424, requiring legal advertisements in legal journals, does not apply to the publication of a notice to a non-resident defendant in an equity case, provided by the Act of April 6, 1859, P. L. 387, where the court has made a special order directing in what newspaper the notice should be published.</p> <p>Husband and wife — Desertion and non-support — Equity proceeding — Acts of May 88, 1907, P. L. 887 and April 87, 1909, P. L. 188 — Service—Publication.</p> <p>3. A court of equity has no power under the Acts of May 23, 1907, P. L. 227, and April 27, 1909, P. L. 182, giving a wife equitable relief against the estate of her husband who has deserted her, if service has been had upon the husband by publication only, to enter a decree appointing a receiver and directing him to take all of the property and to sell or mortgage sufficient of the assets for the benefit of creditors and the support and maintenance of the wife. In such case the court itself must first determine what amount shall be suitable, and what property shall be sold or mortgaged for the maintenance of the wife.</p>