Commonwealth ex rel. Johnson v. Johnson

Opinion by

Wright, J.,

This is an appeal by David Johnson from the refusal of the court below to vacate an order of support in favor of Leila Johnson, the said order having been entered on the assumption that Leila was David’s wife. Appellant’s present contention is that, because his original union with Leila Avas bigamous, the prior support order is not res judicata so far as the issue of marriage is concerned and must now be vacated.

On December 19, 1951, there was a hearing on Leila’s original petition for support. At that time both Leila and David appeared in open court. The *174record reveals…