Commonwealth v. Nicoli

Dauphin County Court of Quarter Sessions

Commonwealth v. Nicoli

3 Pa. D. & C. 262, 1923 Pa. Dist. & Cnty. Dec. LEXIS 406

CourtDauphin County Court of Quarter Sessions

DecidedFebruary 5, 1923

DocketNo. 254

StatusPublished

This text of 3 Pa. D. & C. 262 (Commonwealth v. Nicoli) is published on Counsel Stack Legal Research, covering Dauphin County Court of Quarter Sessions primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Nicoli, 3 Pa. D. & C. 262, 1923 Pa. Dist. & Cnty. Dec. LEXIS 406 (Pa. Super. Ct. 1923).

Pincite

Opinion

Hargest, P. J.,

This case comes before us on a petition to modify an order for the maintenance and support of a minor grandchild. It was argued Jan. 31, 1923.

The order complained of was made Oct. 11, 1920. The petition to modify it was presented Oct. 25, 1920. Depositions were taken, according to a carbon copy handed to the court, March 10, 1921, nearly two years ago, and we are now asked to modify an order and base our determination on depositions about two years old. This case was allowed to sleep until a petition for an attachment was presented and an attachment issued on Nov. 6, 1922. The whole case is stale, and we cannot act without knowledge of present conditions. We will not modify an order upon a showing made March 10, 1921, which has just been brought to our attention.

The rule granted upon the petition to modify the order is discharged and the petition dismissed.

Prom William Jenkins Wilcox, Harrisburg, Pa.

Free access — add to your briefcase to read the full text and ask questions with AI

Hargest, P. J.,

This case comes before us on a petition to modify an order for the maintenance and support of a minor grandchild. It was argued Jan. 31, 1923.

The order complained of was made Oct. 11, 1920. The petition to modify it was presented Oct. 25, 1920. Depositions were taken, according to a carbon copy handed to the court, March 10, 1921, nearly two years ago, and we are now asked to modify an order and base our determination on depositions about two years old. This case was allowed to sleep until a petition for an attachment was presented and an attachment issued on Nov. 6, 1922. The whole case is stale, and we cannot act without knowledge of present conditions. We will not modify an order upon a showing made March 10, 1921, which has just been brought to our attention.

The rule granted upon the petition to modify the order is discharged and the petition dismissed.

Prom William Jenkins Wilcox, Harrisburg, Pa.

Cite This Page — Counsel Stack

Bluebook (online)

3 Pa. D. & C. 262, 1923 Pa. Dist. & Cnty. Dec. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-nicoli-paqtrsessdauphi-1923.