Legal Opinion

Commonwealth v. Mills

Superior Court of Pennsylvania

Decided December 12, 1904No. Appeal, No. 138PublishedCited by 11 opinions

Appeal, No. 138, April T., 1905, by defendant, from order of Q. S. Allegheny Co., June T., 1904, No. 643, for support, in case of Commonwealth v. E. L. Mills. Proceedings under the Act of April 13, 1867, P. L. 78, for support. At the hearing the defendant denied the marriage, but the court on evidence of cohabitation and reputation found that a marriage existed, and made an order on the defendant to pay Ms wife, Alma Mills, the sum of $30.00 per month.

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Appeal, No. 138, April T., 1905, by defendant, from order of Q. S. Allegheny Co., June T., 1904, No. 643, for support, in case of Commonwealth v. E. L. Mills. Proceedings under the Act of April 13, 1867, P. L. 78, for support. At the hearing the defendant denied the marriage, but the court on evidence of cohabitation and reputation found that a marriage existed, and made an order on the defendant to pay Ms wife, Alma Mills, the sum of $30.00 per month. Errors assigned were (1-6) various rulings on testimonjr; (12) the order of the court and (13) in entertaining jurisdiction of the proceeding.…

1Opinion of the Court

Per. Curiam,

This is an appeal from the final order of the court of quarter sessions, in a proceeding instituted under the Act of April 13, 1867, P. L. 78. The principal question in dispute was as to the marriage of the defendant to the prosecutrix. The court filed an opinion which, after reviewing the facts of the case, concluded as follows : “ These circumstances seem to us not only to overcome any facts which tend to rebut a presumption of marriage, but, in connection with the testimony of prosecutrix, clearly show a valid marriage contract.”

In the very recent case of Commonwealth v. Smith,…

2Cases cited7 opinions

  1. Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890
  2. In re License to CarlsonSupreme Court of Pennsylvania · 1889
  3. Commonwealth v. SmithSupreme Court of Pennsylvania · 1901
  4. Commonwealth v. JamesPhiladelphia County Court of Quarter Sessions · 1891
  5. Commonwealth v. SmithSuperior Court of Pennsylvania · 1900

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commonwealth v. WidmeyerSuperior Court of Pennsylvania · 1941
  2. Commonwealth v. CarsonSuperior Court of Pennsylvania · 1923
  3. Commonwealth v. BrownellSuperior Court of Pennsylvania · 1908
  4. Commonwealth v. DilksSuperior Court of Pennsylvania · 1911
  5. Commonwealth v. EdgarSuperior Court of Pennsylvania · 1910

6 more not listed; retrieve them via the Exa API.

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