Commonwealth ex rel. Hubbell v. Hubbell

Dissenting Opinion by

Wright, J.:

Of course I agree that Judge Bretherick “is an experienced and able member of a trial court whose sympathy for children and interest in their welfare has often been demonstrated”. However, appeals to the Superior Court in proceedings for the custody of children are governed by the Act of July 11, 1917, P. L. 817, section 1, 12 PS 1874, which provides that we “shall consider the testimony and make such order upon the merits of the case, either in affirmance, reversal, or modification of the order appealed from, as to right and justice shall belong”. While this…