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COMMONWEALTH EX REL. MARY SOSIAK v. NICHOLAS SOSIAK (01/14/55)

January 14, 1955

COMMONWEALTH EX REL. MARY SOSIAK, APPELLEE,
v.
NICHOLAS SOSIAK, APPELLANT



Appeal, No. 185, Oct. T., 1954, from order of Municipal Court of Philadelphia County, Feb. T., 1954, No. 590, in case of Commonwealth of Pennsylvania ex rel. Mary Sosiak v. Nicholas Sosiak. Order affirmed.

COUNSEL

John Michael Doodan, Philadelphia, for appellant.

Sidney B. Berg, Philadelphia, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 177 Pa. Super. Page 117]

OPINION BY WOODSIDE, J.,

This is an appeal from an order of support made against the respondent by the Municipal Court of Philadelphia in the sum of $13 per week for the support of his wife. The respondent contends that his wife left him without adequate legal reason and is therefore not entitled to an order.

"A voluntary withdrawal of a wife from her husband without adequate legal reason defeats her right to an order of support... But if the separation is with the consent of the husband, the wife nevertheless is entitled to support until his consent is withdrawn." Com. v. Sincavage, 153 Pa. Superior Ct. 457, 460, 34 A.2d 266 (1943).

The trial court found from the evidence that the wife had adequate legal reason to leave her husband.

It is the duty of this court to examine the record to determine whether there is sufficient evidence to sustain the judgment of the Municipal Court. Com. v. MacMaster, 88 Pa. Superior Ct. 37, 38 (1926); Com. ex rel. Boysen v. Boysen, 133 Pa. Superior Ct. 329, 331, 2 A.2d 558 (1938); Com. ex rel. Myerson v. Myerson,

[ 177 Pa. Super. Page 118160]

Pa. Superior Ct. 432, 433, 51 A.2d 350 (1947).

It is not for us to decide whether we would have made a similar order, or in fact, any order at all, but merely to determine whether the trial court is chargeable with an abuse of discretion. Com ex rel. Groff v. Groff, 173 Pa. Superior Ct. 535, 538, 98 A.2d 449 (1953); Com. ex rel. Simmler v. Simmler, 134 Pa. Superior Ct. 339, ...


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