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Com. ex rel. Gallagher v. Gallagher

Superior Court of Pennsylvania
Nov 13, 1963
195 A.2d 192 (Pa. Super. Ct. 1963)

Opinion

September 10, 1963.

November 13, 1963.

Parent and Child — Support of children — Amount — Discretion of lower court — Appellate review.

The amount of a support order is within the discretion of the hearing court and will not be disturbed on appeal unless an abuse of discretion be shown.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

Appeal, No. 41, Oct. T., 1963, from order of County Court of Philadelphia, Aug. T., 1962, No. 3237, in case of Commonwealth ex rel. Nancy Gallagher v. George G. Gallagher. Order affirmed.

Nonsupport. Before BROWN, J.

Order entered directing defendant to pay stated weekly sum for support of minor children. Relatrix appealed.

G. Hayward Reid, for appellant.

George Gerald Gallagher, appellee, in propria persona, submitted a brief.


Argued September 10, 1963.


This is an appeal by wife-plaintiff from an order of the County Court of Philadelphia awarding her $26 per week to be paid by defendant for the support of their two minor children. The wife-plaintiff contends that the court's order should have been $28.50 per week.

The amount of a support order is within the discretion of the hearing court and will not be disturbed on appeal unless an abuse of discretion be shown. Com. ex rel. Marvin v. Marvin, 193 Pa. Super. 179, 180, 164 A.2d 128. A review of the record does not disclose any abuse of discretion on the part of the court below in this case.


The order is affirmed.


Summaries of

Com. ex rel. Gallagher v. Gallagher

Superior Court of Pennsylvania
Nov 13, 1963
195 A.2d 192 (Pa. Super. Ct. 1963)
Case details for

Com. ex rel. Gallagher v. Gallagher

Case Details

Full title:Commonwealth ex rel. Gallagher, Appellant v. Gallagher

Court:Superior Court of Pennsylvania

Date published: Nov 13, 1963

Citations

195 A.2d 192 (Pa. Super. Ct. 1963)
195 A.2d 192