COMMONWEALTH v. HENDERSON


170 Pa.Super. 559 (1952)

Commonwealth v. Henderson, Appellant.

Superior Court of Pennsylvania.

April 15, 1952.


Attorney(s) appearing for the Case

Benjamin L. Long, with him James J. McGinnis and Thomas B. Moreland Porter, Jr., for appellant.

Gilbert P. High, with him High, Swartz, Flynn & Roberts, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY DITHRICH, J., April 15, 1952:

Appellant contends that the court below erred in entering upon him an order for support of his wife "without first finding that the defendant had neglected to maintain" her. He submits "that the primary question in the instant case is not what sum the court should enter as an order, but whether it has power under the evidence to enter an order in any sum."

The proceeding having been instituted by the issuance...

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