Legal Opinion

Commonwealth Ex Rel. Goessler v. Bernstein

Superior Court of Pennsylvania

Decided April 27, 1942No. Appeal, 46PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Kenworthey, J.,

This is a habeas corpus proceeding involving the custody of a nine year old girl. The contestants are her mother and father. After a hearing the child was awarded to the custody of the father. The mother has appealed.

Although we import much weight to the conclusion of the learned court below who saw and heard the parties and witnesses, it is our duty to reach an independent conclusion from the evidence; our duty is not ended with a determination that there is evidence to support the order. Act of July 11, 1917, P. L. 818, Sec. 1, 12 PS 1874; Com. v. Mauch, Betz…

2Cases cited4 opinions

  1. In Re Custody of Minor Children of RosenthalSuperior Court of Pennsylvania · 1931
  2. Hixon's AppealSuperior Court of Pennsylvania · 1941
  3. Commonwealth v. Mauch, Betz AppealSuperior Court of Pennsylvania · 1927
  4. Wanner v. WilliamsSuperior Court of Pennsylvania · 1934

3Cited by8 opinions

  1. Commonwealth Ex Rel. Schofield v. SchofieldSuperior Court of Pennsylvania · 1953
  2. Commonwealth Ex Rel. Teitelbaum v. TeitelbaumSuperior Court of Pennsylvania · 1946
  3. Fox v. LasleyOregon Supreme Court · 1957
  4. Commonwealth Ex Rel. Kreiling v. KreilingSuperior Court of Pennsylvania · 1944
  5. Thomas v. Children's Aid Society of OgdenUtah Supreme Court · 1961

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