COMMONWEALTH ex rel. DeMARCO v. DeMARCO


166 Pa.Super. 69 (1950)

Commonwealth ex rel. DeMarco v. DeMarco, Appellant.

Superior Court of Pennsylvania.

January 12, 1950.


Attorney(s) appearing for the Case

H. Lester Haws, with him Frank J. Fortunato, for appellant.

John Edward Sheridan, for appellee.

Before RHODES, P.J., HIRT, DITHRICH, ROSS, ARNOLD and FINE, JJ. (RENO, J., absent).


OPINION BY HIRT, J., January 12, 1950:

In this proceeding, brought under the Act of June 24, 1939, P.L. 872, § 733, 18 PS § 4733, the lower court, on a finding that relatrix is the common law wife of the respondent, ordered him to pay $25 per week for her support and that of their minor child. Respondent's paternity of the child is clearly established. The serious question is whether there was a marriage at common law.

The existence of a valid marriage...

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