Appeal, No. 97, Jan. T., 1961, from order of Court of Common Pleas of Montgomery County, April T., 1960, No. 28, in equity, in case of Lois B. Drummond et al. v. Robert Watchorn Drummond et al. Order modified.
Bayard M. Graf, with him J. Willison Smith, Jr., for appellant.
Alexander F. Barbieri, with him Carl M. Mazzocone, and Erskine, Barbieri and Sheer, for appellees.
Before Jones, C.j., Bell, Musmanno, Jones, Chohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BOK.
This is an appeal under the Act of March 5, 1925, P.L. 23, § 1, 12 PS § 672, jurisdiction being the subject of this appeal.
The suit is by a wife under the Act of May 23, 1907, P.L. 227, §§ 1, 2, as ultimately amended by the Act of December 15, 1955, P.L. 878, 48 PS §§ 131, 132 (book
and pocket). We have upheld this Act as a special procedural right of a deserted wife in addition to her common law right to support: MacDougall v. MacDougall, 397 Pa. 340(1959), 155 A.2d 358.
Plaintiff has sued her estranged husband in Montgomery County for maintenance and has joined as co-defendants, not as garnishees, his employer, which is a stock brokerage firm, and four banks and two corporations in which she alleges he has stock or deposits, but without specifying them. The prayer of the complaint is various and seeks an injunction against transfer of assets, a determination of a proper amount of maintenance for herself and three children, the seizure and sale of real and personal estate to ensure payment, an accounting of property, and the appointment of a receiver.
The court below granted and shortly withdrew, as contrary to law, a preliminary injunction on the same day the complaint was filed. Defendant husband, individually and as testamentary trustee, filed preliminary objections, to which answer was made. The court then held hearings, presumably on the suitability of maintenance, but that is not now before us. In due time argument was held on the objections, which were overruled and the defendants given leave to answer the complaint.
The husband defendant has appealed, both individually and in his capacity as trustee under the will of Winslow Drummond, deceased, since the complaint had asked that he account to ...