# Commonwealth Ex Rel. Brown v. Weidner

> Superior Court of Pennsylvania · June 17, 1966 · 208 Pa. Super. 114

URL: https://www.frixlaw.com/law-library/cases/9749186

## Case

- **Full name:** Commonwealth Ex Rel. Brown v. Weidner, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** June 17, 1966
- **Citations:** 208 Pa. Super. 114; 220 A.2d 382; 1966 Pa. Super. LEXIS 813
- **Precedential status:** Published
- **Opinion:** Dissent by Jacobs
- **Judges:** Hoffman, Ervin, Wright, Watkins, Montgomery, Jacobs, Hoeeman, Spaulding, Weight
- **Cited by:** 8 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/9749186

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9749186. Public record. Not legal advice.