Commonwealth Ex Rel. Smith v. Gillmor

Opinion by

Linn, J.,

By an order made at September Term, 1920, pursuant to the Act of April 13, 1867, P. L. 78, amended 1907, P. L. 6, a father was directed to pay $5 a week for the maintenance of his minor son, in the custody of his mother. That order was revoked December 22, 1928, on petition of the father; the mother has appealed.

The single reason for revoking the order is thus stated by the learned President Judge of the court below:

“As it appears that the child in this case has attained the age of 16 years and is physically and mentally sound, it will be presumed that he is capable of…