COM. ex rel. MILLER v. MILLER


176 Pa.Super. 64 (1954)

Commonwealth ex rel. Miller v. Miller, Appellant.

Superior Court of Pennsylvania.

July 13, 1954.


Attorney(s) appearing for the Case

James J. Davis, with him Pepper, Bodine, Stokes & Hamilton, for appellant.

John Pemberton Jordan, for appellee.

Before ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ. (RHODES, P.J. and HIRT, J., absent).


OPINION BY WRIGHT, J., July 13, 1954:

This case involves an action for support filed by a wife against her husband. The defense to the action was a separation agreement, which the court below held invalid because it was (1) "predicated fundamentally to provide for the obtaining of a divorce" and (2) "palpably unreasonable". The husband has appealed.

The parties were married on August 4, 1951, and there are no children. Prior to the marriage, the wife had suffered...

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