Commonwealth v. Smith
Superior Court of Pennsylvania
Appeal, No. 7, March T., 1900, by defendant, from judgment of Q. S. Dauphin Co., June Sess., 1899, No. 286, making order on defendant for support of his wife. Opinion by Beaver, J. W. W. Porter, J., dissents. Charge of desertion and nonmaintenance.
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Appeal, No. 7, March T., 1900, by defendant, from judgment of Q. S. Dauphin Co., June Sess., 1899, No. 286, making order on defendant for support of his wife. Opinion by Beaver, J. W. W. Porter, J., dissents. Charge of desertion and nonmaintenance. At the trial defendant offered in evidence a deed of separation whereby the wife in consideration of $20.00 agreed to live separate and apart from defendant, and covenanted that she would not from henceforth at any time hereafter, trouble, molest, sue or prosecute said defendant for any claims for maintenance or alimony, nor for any debts, dues or…
1Opinion of the Court
Opinion by
Beaver, J.,
This is a proceeding under the Act of April 13, 1867, P. L. 78, based upon an information made by Lizzie S. Smith against her husband, Harry E. Smith, to obtain an order for her support.
An appeal in cases of this character operates merely as a certiorari and, therefore, confines us to an examination as to the jurisdiction of the court and the regularity of the record: Com. v. Tragle, 4 Pa. Superior Ct. 159; Com. v. Hart, 12 Pa. Superior Ct. 605. The jurisdiction of the court below in this case is not in any way questioned or denied, and the record shows regular…
2Cases cited8 opinions
- Commonwealth v. RichardsSupreme Court of Pennsylvania · 1890
- Commonwealth v. TragleSuperior Court of Pennsylvania · 1897
- Scott's EstateSupreme Court of Pennsylvania · 1892
- Hitner's AppealSupreme Court of Pennsylvania · 1867
- Dillinger's AppealSupreme Court of Pennsylvania · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commonwealth Ex Rel. McClenen v. McClenenSuperior Court of Pennsylvania · 1937
- Commonwealth Ex Rel. Isaacs v. IsaacsSuperior Court of Pennsylvania · 1936
- Commonwealth v. MillsSuperior Court of Pennsylvania · 1904
- Commonwealth v. RichardsSuperior Court of Pennsylvania · 1937
- Commonwealth Ex Rel. Mosey v. MoseySuperior Court of Pennsylvania · 1942
4 more not listed; retrieve them via the Exa API.