COM. ex rel. SMYLIE v. SMYLIE


184 Pa.Super. 276 (1957)

Commonwealth ex rel. Smylie v. Smylie, Appellant.

Superior Court of Pennsylvania.

June 11, 1957.


Attorney(s) appearing for the Case

Samuel F. Pepper, with him Isadore Penn, for appellant.

Harry J. Gerber, for appellee.

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


OPINION BY WATKINS, J., June 11, 1957:

This is an appeal from an order of the Municipal Court of Philadelphia, allowing a petition for support in the amount of $25 a week. The husband's defense to the action was an agreement which the court below held to be no bar to the action because it was, "conducive to the procuring of a divorce" and so against public policy, and too, it was breached by the husband and was null and void.

The parties were married November...

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