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COM. ex rel. SPITZER v. SPITZER

192 Pa.Super. 441 (1960)

Commonwealth ex rel. Spitzer v. Spitzer, Appellant.

Superior Court of Pennsylvania.

June 15, 1960.

Attorney(s) appearing for the Case

Allen N. Brunwasser, for appellant.

Thomas H. Cauley, for appellee.

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

OPINION BY WOODSIDE, J., June 15, 1960:

This is an appeal by the defendant from an order of the County Court of Allegheny County directing him to pay $50 per week for the support of his two children, Carol 8 and Danny 13.

The appellant contends that the court below was without authority to make an order in this case because (1) "The record is devoid of evidence as to defendant's earnings and earning ability...

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