Commonwealth v. MacArthur
Superior Court of Pennsylvania
Appeal, No. 269, Oct. T., 1915, by plaintiffs, from order of Municipal Court, Philadelphia Co., June T., 1915, No. 163, awarding custody of children in case of Commonwealth, ex rel., Sadie MacArthur v. James H. MacArthur. ■ Habeas corpus for the custody of children.
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Appeal, No. 269, Oct. T., 1915, by plaintiffs, from order of Municipal Court, Philadelphia Co., June T., 1915, No. 163, awarding custody of children in case of Commonwealth, ex rel., Sadie MacArthur v. James H. MacArthur. ■ Habeas corpus for the custody of children. Before Brown, P. J. Prom the record it appeared that á petition and cross-petition for writs of habeas corpus were filed by Sadie A. MacArthur and her husband, James H. MacArthur, for the custody of their children, Esther, Ruth and Virginia. Brown, J., filed the following opinion and decree: The court has carefully read and…
1Opinion of the Court
Opinion by
Kephakt, J.,
This is an appeal from an order of President Judge Beown of the Municipal Court in a habeas corpus proceeding. These appeals are in the nature of a certiorari. Neither the testimony nor the findings'of fact, if any, however unwarranted are brought up with the record on certiorari. The record alone can be considered: Commonwealth, ex rel., v. Maurer, 42 Pa. Superior Ct. 170. If it is clearly evident that the court has proceeded on an erroneous theory of the law upon which its order is *537based this court has power to correct such mistake: Commonwealth, ex rel., Sage v. Sage,…
2Cases cited4 opinions
- Commonwealth ex rel. Sage v. SageSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Parker v. BlattSupreme Court of Pennsylvania · 1895
- Commonwealth v. StricklandSuperior Court of Pennsylvania · 1905
- Commonwealth v. MaurerSuperior Court of Pennsylvania · 1910
3Cited by1 opinion
- Commonwealth Ex Rel. Roviello v. RovielloSuperior Court of Pennsylvania · 1974