Barnes v. Commonwealth
Supreme Court of Pennsylvania
Certiorari sur appeal, and' error to the Court of Quarter Sessions of Wyoming County. Information, under the Act of April 13th, 1867, P. L., p. 78, by Sarah L. Barnes against Wesley I). Barnes, setting forth “ that Wesley D. Barnes, her husband and the father of her two children, Winnie D. Barnes and Wesley D. Barnes, Jr., being within the limits of this Commonwealth, has separated himself from his wife and children without reasonable cause, and has neglected and still does…
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Certiorari sur appeal, and' error to the Court of Quarter Sessions of Wyoming County. Information, under the Act of April 13th, 1867, P. L., p. 78, by Sarah L. Barnes against Wesley I). Barnes, setting forth “ that Wesley D. Barnes, her husband and the father of her two children, Winnie D. Barnes and Wesley D. Barnes, Jr., being within the limits of this Commonwealth, has separated himself from his wife and children without reasonable cause, and has neglected and still does neglect to maintain his said wife and children.” A warrant was issued May 26th, 1881, and was returned served the…
1Opinion of the Court
— Per Curiam:
The proceedings below were not in the course of the common law, and a writ of error, therefore, is not a proper remedy.
No appeal is given to this Court. The certiorari, however, brings up the record, and we can review it so far as to ascertain that the Court had jurisdiction, and the proceedings were regular. We think it very clear that the Act of April 13th, 1867, P. L., 78, gives the Court jurisdiction, whenever a husband shall neglect to maintain his wife or children, without reference to where the original desertion may have been. We cannot inquire into the merits upon this…
2Cited by3 opinions
- Commonwealth v. TragleSuperior Court of Pennsylvania · 1897
- Commonwealth v. PlummerSuperior Court of Pennsylvania · 1923
- Commonwealth v. RichardsSuperior Court of Pennsylvania · 1937