Legal Opinion

Commonwealth v. Hart

Superior Court of Pennsylvania

Decided February 16, 1900No. Appeal, No. 53PublishedCited by 14 opinions

Appeal, No. 53, Oct. T., 1899, by defendant, from judgment of Q. S. Piula. Co., Dec. Sess., 1898, discharging rule for revocation of order for support of wife. Rule to show cause why order for wife’s support should not be revoked. Before Beitlbr, J. It appears from the record that the following proceedings in the matter of desertion came up on transcript from magistrate South: “Warrant issued on the 11th day- of October, 1898, on oath of Kate Hart.

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Appeal, No. 53, Oct. T., 1899, by defendant, from judgment of Q. S. Piula. Co., Dec. Sess., 1898, discharging rule for revocation of order for support of wife. Rule to show cause why order for wife’s support should not be revoked. Before Beitlbr, J. It appears from the record that the following proceedings in the matter of desertion came up on transcript from magistrate South: “Warrant issued on the 11th day- of October, 1898, on oath of Kate Hart. Defendant charged with neglect to support deponent and one child. Brought up October 12. Defendant waived a hearing. Defendant required to give…

1Opinion of the Court

Opinion by

Beaver, J.,

This is an appeal frotn the judgment and decree of the court of quarter sessions of Philadelphia county in a proceeding under the Act of April 13, 1867, P. L. 78, which provides "‘for the relief of wives and children deserted by their husbands and fathers within this commonwealth,” commenced before a magistrate whose transcript forms the basis of the proceeding and as to the sufficiency of which the appellant especially excepts. No appeal from such a proceeding is allowed by law, and that, taken in this case must be treated, therefore, as a certiorari, under which the…

2Cases cited1 opinion

  1. Commonwealth v. TragleSuperior Court of Pennsylvania · 1897

3Cited by14 opinions

  1. Commonwealth v. HawkinsSuperior Court of Pennsylvania · 1923
  2. Commonwealth v. McClellandSuperior Court of Pennsylvania · 1933
  3. Com. Ex Rel. Berardino v. BerardinoSuperior Court of Pennsylvania · 1930
  4. Commonwealth v. SmithSuperior Court of Pennsylvania · 1900
  5. Commonwealth v. PlummerSuperior Court of Pennsylvania · 1923

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