Marra v. Marra

Full title: Marra v. Marra, Appellant

Court: Supreme Court of Pennsylvania

Date published: Nov 17, 1955

118 A.2d 204 (Pa. 1955)

118 A.2d 204

Opinion

October 6, 1955.

November 17, 1955.

Argued October 6, 1955. Before STERN, C. J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.

Appeal, No. 149, March T., 1955, from order of Superior Court of Pennsylvania, April T., 1954, No. 128, affirming order of Court of Common Pleas of Allegheny County, Oct. T., 1943, No. 80, in case of Aida N. Marra v. Daniel A. Marra. Order affirmed.

Same case in Superior Court: 178 Pa. Super. 102.

Proceeding upon petition of defendant and rule to show cause why he should not be given credit for overpayments of alimony.

Order entered discharging rule, opinion by O'BRIEN, J. Defendant appealed to the Superior Court, which affirmed the order of the court below. Appeal by defendant to Supreme Court allowed.

John B. Nicklas, Jr., with him McCrady Nicklas, for appellant.

Clyde P. Bailey, with him William J. Graham, for appellee.

OPINION PER CURIAM, November 17, 1955:

The order is affirmed on the unanimous opinion of the Superior Court written by Judge Ross, reported at 178 Pa. Super. 102, 113 A.2d 320.

Mr. Justice MUSMANNO dissents.