# Appleton v. Appleton

> Superior Court of Pennsylvania · November 11, 1959 · 191 Pa. Super. 95

URL: https://www.frixlaw.com/law-library/cases/9697268

## Case

- **Full name:** Appleton, Appellant, v. Appleton
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 11, 1959
- **Citations:** 191 Pa. Super. 95; 155 A.2d 394; 1959 Pa. Super. LEXIS 496
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Wright, Rhodes, Weight, Woodside, Eevin, Watkins, Gunthee, Ervin
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9697268

## Opinion text

Dissenting Opinion by
Wright, J.:
I respectfully dissent. Judge Gawthrop found as a fact, as did the Master, that appellee’s “present earning power is negligible”. This finding is fully supported by the evidence, and it is not our function to make a conjectural finding to the contrary. We have repeatedly stated that orders of the trial court in matters of this nature -will not be disturbed in the absence of a clear abuse of discretion. See Commonwealth ex rel. Trichon v. Trichon, 189 Pa. Superior Ct. 395 , 150 A. 2d 176 . My view is that appellant has failed to demonstrate an abuse of discretion in the instant case. Since the majority opinion mentions the children, it should perhaps be noted that appellee is *101 required, by virtue of a Delaware order, to pay appellant an additional fill.00 per month support for his two sons.
Ervin, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9697268. Public record. Not legal advice.