Commonwealth ex rel. Alexander v. Alexander

Dissenting Opinion by

Hoffman, J.:

Doris Alexander, plaintiff herein, petitioned the Domestic Relations Division of the County Court of Philadelphia for support. Ultimately, an appeal was taken to our court. The facts in that case are set forth in Commonwealth ex rel. Alexander v. Alexander, 212 Pa. Superior Ct. 543, 244 A. 2d 441 (1968). As is indicated in that opinion, defendant attempted to prove that there was an impediment to his marriage to plaintiff on November 11, 1961 in that both spouses were lawfully married to other spouses and that neither had obtained a divorce.

We remanded the…