Commonwealth Ex Rel. Fawner v. Fawner

Opinion by

Cunningham, J.,

Florence Fawner, appellant, brought suit, as use plaintiff, in the common pleas of Allegheny County against her husband, Albert H. Fawner, and Edward A. Young, as his surety, on a bond given to the Commonwealth pursuant to an order of the county court of that county, made in the course of certain desertion and non-support proceedings; Young, alone, was served and the case proceeded to trial against him. The trial judge entered a compulsory nonsuit; the court in banc refused to take it off and plaintiff has appealed. The only assignment of error covered by the…