33 Pa. Super. 384 | Pa. Super. Ct. | 1907
Opinion by
The defendant was charged under the Act of April 3,1867,
The first question to be considered is, whether the finding of the court that Dora Isaacman is the lawful wife of the defendant and was so at the institution of the proceeding — which finding is necessarily implied in the orders complained of — is the subject of review upon appeal. We do not regard this as an open question. It is true in Commonwealth v. Haylow, 17 Pa. Superior Ct. 541, we did consider the question of the validity of the marriage arising upon the evidence sent up with the record, but we affirmed the order, and speaking of the appellate jurisdiction we said: “ The decision of the questions of fact by the quarter sessions is as conclusive as the verdict of a jury, and in no view which may be taken of our appellate jurisdiction are we authorized to go further than to ascertain whether there was evidence, which, if believed, would sustain the finding. It may well be questioned whether we are required to go that far in a desertion case, even though an exception was taken to the ruling of the court below and the
The order is affirmed, costs to be paid by the appellant.