Commonwealth v. Foltz
Superior Court of Pennsylvania
Appeal, No. 33, April T., 1912, by plaintiff, from order of C. P. No. 4, Allegheny Co., Second Term, 1911, No. 69, discharging rule for judgment for want of a sufficient affidavit of defense in case of Commonwealth to use of Retta Foltz. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. The opinion of the Superior Court states the facts. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Oblad y, J.,
The defendant and use. plaintiff were married in 1894. In 1909, proceedings were instituted in the court of quarter sessions of Allegheny county against the husband on a charge of desertion and nonsupport of the wife and two minor children, and on May 22, 1909, after a full hearing the husband was ordered to pay his wife $5.00 per week and enter into his own recognizance for the *578future payments thereof. He complied with this order by entering into the recognizance in form and use in such cases, and, as set out in his affidavit of defense, paid “on account of said order…
2Cited by4 opinions
- Schifano v. SchifanoSupreme Court of Pennsylvania · 1984
- Commonwealth Ex Rel. Smith v. SmithSuperior Court of Pennsylvania · 1978
- Commonwealth v. CieplySuperior Court of Pennsylvania · 1947
- McMullen v. McMullen, Pennsylvania Court of Common Pleas, Beaver County1960