Opinion
December 10, 1962.
March 19, 1963.
Husband and Wife — Parent and child — Support — Evidence — Justification for separation — Amount of order.
In a support proceeding, in which there was testimony that defendant abused his wife and the children, that his take home pay admittedly was $82 a week, and that he was paid additional sums by his father employer, and that defendant did not testify as to his earnings or income; and that the court below concluded that there was ample evidence to support a finding that relatrix was justified in separating herself from her husband because of his mistreatment and abuse, and that an order of $45 a week for the support and maintenance of the wife and two minor children was reasonable in the circumstances; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 388, Oct. T., 1962, from order of County Court of Philadelphia, April T., 1962, No. 1562, in case of Commonwealth ex rel. Joan Wible v. Edward Wible. Order affirmed.
Same case in court below: 29 Pa. D. C. 2d 376.
Nonsupport. Before O'DONNELL, J.
Order entered directing defendant to pay stated weekly sum for support of wife and minor children. Defendant appealed.
Louis Pokras, for appellant.
Howard M. Kuehner, for appellee.
Argued December 10, 1962.
The order of the court below is affirmed on the opinion of Judge O'DONNELL of the County Court of Philadelphia, as reported in 29 Pa. D. C. 2d 376.