Opinion

Commonwealth Ex Rel. Brown v. Weidner

  • 208 Pa. Super. 114
  • 220 A.2d 382
  • 1966 Pa. Super. LEXIS 813
Court
Superior Court of Pennsylvania
Filed
Jun 17, 1966
Status
Published
Author
Jacobs
On the bench
Hoffman, Ervin, Wright, Watkins, Montgomery, Jacobs, Hoeeman, Spaulding, Weight
Cited by
8 cases
Authority
More cited than 10.1%

The opinion

Dissenting Opinion by

Jacobs, J.:

This court has expressly stated that “(a)n order may be made against a father to help a child receive *118 an education beyond high school when the child is able and willing to successfully pursue his course of studies, and his father has sufficient estate, earning capacity or income to enable him to pay the order without undue hardship.” Commonwealth ex rel. Decker v. Decker, 204 Pa. Superior Ct. 156, 160 , 203 A. 2d 343 (1964).

The sole issue in this case is what this father’s circumstances are. I would leave the determination of that factual issue to the court below who saw and heard the parties and was far better able to judge the father’s financial situation than we are.

I respectfully dissent and would affirm the order.

Weight, J., joins in this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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