Commonwealth v. Owens
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1916, by defendant, from order of Q. S. Lackawanna Go., discharging rule to strike off judgment in case of Commonwealth, ex rel., Mary Evans Owens, v. William J. Owens. Buie to strike off judgment.
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Appeal, No. 12, March T., 1916, by defendant, from order of Q. S. Lackawanna Go., discharging rule to strike off judgment in case of Commonwealth, ex rel., Mary Evans Owens, v. William J. Owens. Buie to strike off judgment. Before Edwards, P. J. Prom the record it appeared that William J. Owens, by order of.the Court of Quarter Sessions, on December 11, 1909, was sentenced to pay to his wife for her maintenance and support the sum of twenty dollars monthly, the first payment to be made on December 21, 1909. It appears that the defendant paid a few installments, but he has defaulted in the…
1Opinion of the Court
Per Curiam,;
It is not suggested that the judgment which the defendant seeks to have stricken off, is for a wrong amount; against a wrong party, or that there is any defect in the record on which it is founded! The question involved, as presented by the appellant, assumes *113that the judgment which he seeks to have opened is based upon the order of maintenance made by the Quarter Sessions, which was certified to the Common Pleas of the same county, by the clerk of the court of first instance, who is the proper official to certify such orders, as the Act of 1901 does not require the certificate to…