R. Wallace Maxwell, Waychoff, Maxwell & Waychoff, Waynesburg, for appellant.
J. B. F. Rinehart, Waynesburg, for Prosecutrix.
W. Bertram Waychoff, Waynesburg, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Arnold, JJ.
[ 167 Pa. Super. Page 339]
Defendant, a resident of Pennsylvania, appeals from an order of support in favor of his former wife, Virginia H. Rohanna, to whom he was married in 1938.
The parties were then domiciled in West Virginia and they there lived together until 1946, when she was adjudged insane and committed to an asylum in that state.
In July, 1948, the defendant secured a Nevada divorce from her on the ground of her insanity, and the decree required him to pay $30.00 a month for her support until further order of the Nevada court.
The defendant then left Nevada and came to Waynesburg, Pennsylvania, and remarried.
The mother of Virginia H. Rohanna caused a warrant to be issued for the defendant to procure support for the first wife, who periodically came back to her mother, as on parole, and who was thereupon supported by her, in addition to the mother's contributions to her while she was in the asylum. The case was heard summarily by the quarter sessions,*fn1 which made an order against the defendant in the amount of $30.00 a month.
Appellant contends that the proceedings for support could not be entertained by the courts of Pennsylvania because the wife was not a resident thereof. In Commonwealth ex rel. Sanders v. Sanders, 111 Pa. Super. 202, 169 A. 470, it was pointed out that the ...