Commonwealth ex rel. Smylie v. Smylie

Opinion by

Watkins, J.,

This is an appeal from an order of the Municipal Court of Philadelphia, allowing a petition for support in the amount of $25 a week. The husband’s defense to the action was an agreement which the court below held to be no bar to the action because it ivas, “conducive to the procuring of a divorce” and so against public policy, and too, it was breached by the husband and was null and void.

The parties were married November 19, 1954 and separated on December 26, 1955. The wife is 62 years of age, the husband older; both were married before. There are no children of this…