Legal Opinion

Commonwealth v. Edgar

Superior Court of Pennsylvania

Decided November 21, 1910No. Appeal, No. 70PublishedCited by 4 opinions

Appeal, No. 70, April T., 1911, by defendant, from order of Q. S. Allegheny Co., May T., 1910, No. 316, awarding a weekly payment in nonsupport proceedings in case of Commonwealth v. George S. Edgar. Petition by Lottie E. Edgar, wife of defendant, to compel him to contribute to the support of his daughter, Lottie Edgar, twelve years old. Before Haymaker, J. The facts are stated in the opinion of the Superior Court. Error assigned was the order of support.

1Opinion of the Court

Opinion by

Morrison, J.,

On an appeal from the final order of the quarter sessions in a case under the Act of April 13, 1867, P. L. 78, this court has no jurisdiction to review the merits of the case or the' discretion of the court below. We can only consider the regularity of the proceedings as shown by the record proper. This has been decided so often that *498it ought no longer to be necessary to repeat it: Com. v. Smith, 200 Pa. 363; Com. v. Mills, 26 Pa. Superior Ct. 549. In such a case the appellate court can reconsider no question of fact passed upon by the court below: Com. v. Smith, 13 Pa.…

2Cases cited5 opinions

  1. Heilbron v. HeilbronSupreme Court of Pennsylvania · 1893
  2. Commonwealth v. SmithSupreme Court of Pennsylvania · 1901
  3. Commonwealth v. JamesPhiladelphia County Court of Quarter Sessions · 1891
  4. Commonwealth v. MillsSuperior Court of Pennsylvania · 1904
  5. Commonwealth v. SmithSuperior Court of Pennsylvania · 1900

3Cited by4 opinions

  1. Commonwealth Ex Rel. Stack v. StackSuperior Court of Pennsylvania · 1940
  2. Commonwealth v. RunkleSuperior Court of Pennsylvania · 1914
  3. Jackson v. JacksonSuperior Court of Pennsylvania · 1948
  4. Commonwealth v. KissingerLackawanna County Court of Quarter Sessions · 1923

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