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COM. ex rel. WAGNER v. WAGNER

193 Pa.Super. 40 (1960)

Commonwealth ex rel. Wagner, Appellant, v. Wagner.

Superior Court of Pennsylvania.

September 16, 1960.

Attorney(s) appearing for the Case

Joseph J. Duffy, for appellant.

Joseph D. Shein, for appellee.

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

OPINION BY WOODSIDE, J., September 16, 1960:

This is an appeal by the mother of a three year old boy from an order of the Municipal Court of Philadelphia granting custody of the child to its father.

The parents of the child are separated, each living with their respective parents. There is evidence that the living quarters of the mother are more satisfactory for the rearing of the child than those of the father. However, the trial judge seemed to entertain...

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