Commonwealth Ex Rel. Milne v. Milne

Superior Court of Pennsylvania

Commonwealth Ex Rel. Milne v. Milne

26 A.2d 207, 149 Pa. Super. 100, 1942 Pa. Super. LEXIS 332

CourtSuperior Court of Pennsylvania

DecidedMay 6, 1942

DocketAppeal, 141

StatusPublished

Cited by16 cases

This text of 26 A.2d 207 (Commonwealth Ex Rel. Milne v. Milne) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Commonwealth Ex Rel. Milne v. Milne, 26 A.2d 207, 149 Pa. Super. 100, 1942 Pa. Super. LEXIS 332 (Pa. Ct. App. 1942).

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Opinion

Per Curiam,

On February 11, 1942 the relatrix, Frederica L. Milne, obtained a rule in the municipal court upon her husband, Caleb J. Milne, 8d, this appellant, to show cause why an order of support entered against him on February 25, 1924 — which had been reduced from time to time at his instance, the last reduction having been made by the court on March 23, 1936 — should not be increased in consequence of a very considerable betterment of his financial condition, as a result of the death of his father — a man of large means — and the will of the latter bequeathing him one-third of the net income of a large trust estate.

The husband obtained a rule — under the Act of March 5, 1925, P. L. 23, 12 PS sec. 672, et seq. — to show cause why service of the said rule, and the petition on which it was based,, should not be set aside and the rule discharged for want of jurisdiction, which the court, after hearing, discharged. The husband appealed.

The question involved is solely one of jurisdiction.

The opinion of the court below, the essential part of which will be printed in the reporter’s statement, fully justifies the order appealed from.

To the citations contained in the opinion may be added the case of Carey v. Carey, 121 Pa. Superior Ct. 251, 183 A. 371, which supports the legal principle that where a court has acquired jurisdiction over a party to an action, a rule which is merely ancillary or auxiliary to that action may be served on him by any adult person, wherever he may be found, or by any method sufficient to give him actual notice of the petition and rule and reasonable opportunity to be heard upon it. See also, In re Minor Children of Rosenthal, 103 Pa. Superior Ct. 27, 30, 157 A. 342.

*108 This, we may add, is especially the case in proceedings for support and maintenance under the Act of April 13, 1867, P. L. 78, and its amendments, in which the orders of the court are not irrevocably fixed and final, but are subject to be increased, reduced or vacated when the financial condition of the parties changes or other proper reasons exist.

For the reasons set' forth in the court’s opinion, as it appears in the reporter’s statement, the order is affirmed at the costs of the appellant;

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Per Curiam,

On February 11, 1942 the relatrix, Frederica L. Milne, obtained a rule in the municipal court upon her husband, Caleb J. Milne, 8d, this appellant, to show cause why an order of support entered against him on February 25, 1924 — which had been reduced from time to time at his instance, the last reduction having been made by the court on March 23, 1936 — should not be increased in consequence of a very considerable betterment of his financial condition, as a result of the death of his father — a man of large means — and the will of the latter bequeathing him one-third of the net income of a large trust estate.

The husband obtained a rule — under the Act of March 5, 1925, P. L. 23, 12 PS sec. 672, et seq. — to show cause why service of the said rule, and the petition on which it was based,, should not be set aside and the rule discharged for want of jurisdiction, which the court, after hearing, discharged. The husband appealed.

The question involved is solely one of jurisdiction.

The opinion of the court below, the essential part of which will be printed in the reporter’s statement, fully justifies the order appealed from.

To the citations contained in the opinion may be added the case of Carey v. Carey, 121 Pa. Superior Ct. 251, 183 A. 371, which supports the legal principle that where a court has acquired jurisdiction over a party to an action, a rule which is merely ancillary or auxiliary to that action may be served on him by any adult person, wherever he may be found, or by any method sufficient to give him actual notice of the petition and rule and reasonable opportunity to be heard upon it. See also, In re Minor Children of Rosenthal, 103 Pa. Superior Ct. 27, 30, 157 A. 342.

*108 This, we may add, is especially the case in proceedings for support and maintenance under the Act of April 13, 1867, P. L. 78, and its amendments, in which the orders of the court are not irrevocably fixed and final, but are subject to be increased, reduced or vacated when the financial condition of the parties changes or other proper reasons exist.

For the reasons set' forth in the court’s opinion, as it appears in the reporter’s statement, the order is affirmed at the costs of the appellant;

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26 A.2d 207, 149 Pa. Super. 100, 1942 Pa. Super. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-milne-v-milne-pasuperct-1942.

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