Philadelphia v. Dezsi

Citations

• 56 Pa. Super. 414
• 1914 Pa. Super. LEXIS 102

Syllabus

<p>Husband and wife — Desertion and nonswpport — Practice, Q. S.</p> <p>1. In a proceeding instituted before a magistrate under the Act of April 13,1867, P. L. 78, against a husband for nonsupport and returned into the quarter sessions, it is immaterial that in the final order by a mistake of the clerk the words “ City of Philadelphia,” were substituted for the “Coifimonwealth of Pennsylvania” in the caption; or that the case was prosecuted in the quarter sessions by the city solicitor, and not by the district attorney.</p> <p>2. On an appeal from an order of the quarter sessions against a husband for .support, where the transcript returned by the magistrate sets forth sufficient facts to give the court jurisdiction, and there has been a full hearing on the merits, the appellate court will not look further than to determine whether the proceedings were regular.</p> <p>3. Under the Act of April 27, 1909, P. L. 260, amending the Act of April 13,1867, P. L. 78, a magistrate may return a proceeding for nonsupport immediately to the court of quarter sessions, without waiting for the next term of such court.</p>