Commonwealth v. Leonard

Opinion by

Cunningham, J.,

Our duty in disposing of this appeal by the defendant in certain desertion and non-support proceedings is to determine whether the discretion of the court below has been properly exercised in making an order directing him to pay $35 per week for the support of his wife and son, seven years of age. Appellant, contending that his wages at the time the order was made were only $40 per week, argues that the order appealed from was an abuse of discretion. It is obvious that the order was not based upon the amount of income appellant was receiving at the time it was made…