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COM. ex rel. JOHNSON v. JOHNSON

181 Pa.Super. 172 (1956)

Commonwealth ex rel. Johnson v. Johnson, Appellant.

Superior Court of Pennsylvania.

July 17, 1956.

Attorney(s) appearing for the Case

David Freeman, with him Leonard J. DeNote, for appellant.

H.N. Fineman, with him Morris Passon, for appellee.

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

OPINION BY WRIGHT, J., July 17, 1956:

This is an appeal by David Johnson from the refusal of the court below to vacate an order of support in favor of Leila Johnson, the said order having been entered on the assumption that Leila was David's wife. Appellant's present contention is that, because his original union with Leila was bigamous, the prior support order is not res judicata so far as the issue of marriage is concerned and must now be vacated.

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