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COMMONWEALTH EX REL. WORNER v. WORNER. (12/28/56)

December 28, 1956

COMMONWEALTH EX REL. WORNER, APPELLANT,
v.
WORNER.



Appeal, No. 293, Oct. T., 1956, from order of Municipal Court of Philadelphia County, July T., 1956, No. 3193, in case of Commonwealth ex rel. Spurgeon Worner v. Walter Worner. Order affirmed.

COUNSEL

Samuel Halbert, for appellant.

Herman H. Yaffe, for appellee.

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

Author: Gunther

[ 183 Pa. Super. Page 59]

OPINION BY GUNTHER, J.

This is an appeal by the wife from an order dismissing her petition for support.

Prior to their marriage on February 15, 1954, the parties had lived together for a number of years. In 1950, they secured a lease from the Pennsylvania Railroad in the name of Thomas P. Ford, a son of the wife by a former marriage, and proceeded to build a diner.

On March 1, 1954, the wife took charge of the business. She received the income, made disbursements, and kept all of the profits. The wife and the son, however, testified that the diner was operated solely by the son; that she received no income of the operation; and that the husband had no financial interest in it. The husband, on the other hand, testified that he did most of the work and invested most of the money in the project.

Credibility is the keystone in this case. The evidence given by the husband and wife, and the testimony of witnesses are irreconcilable at several basic points.

The issues before us in this appeal are whether the husband had good cause for leaving the marital abode and whether, under the attendant circumstances, the wife was entitled to an order providing for her support.

[ 183 Pa. Super. Page 60]

The court below clearly found that the husband's testimony was more credible and refused an order. Our duty is to ascertain whether there is evidence to sustain the ...


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