Philadelphia v. Hays

Citations

• 56 Pa. Super. 352
• 1914 Pa. Super. LEXIS 91

Syllabus

<p>Poor law — Order for support — Act of June IS, 18S6, P. L. 589 — Appeal — Record—Evidence.</p> <p>1. An appeal from an order of the quarter sessions in proceedings under the Act of June 13, 1836, P. L. 539, directing a grandfather to pay a weekly sum for the support of his grandchild, acts as a certiorari only, and does not carry up the evidence.</p> <p>2. In such a case the order will be sustained if the affidavit on which the proceeding is based shows that the respondent was the grandfather of the child, that he resided within the jurisdiction of the court, and that he was of financial ability to maintain or aid in maintaining the child. It is not necessary that the record should show that the child had been legally found to be a pauper.</p> <p>3. If such an order, however, after directing the payment of the weekly sum, goes further and directs the respondent to pay the costs, to give security for future weekly payments and to stand committed until the order is complied with, the portions of the order relating to the payment of costs and the giving of a bond, will be stricken off by the appellate court as unwarranted by law.</p>