Commonwealth ex rel. Horwitz v. Horwitz
Commonwealth ex rel. Horwitz v. Horwitz
Opinion of the Court
Opinion by
An order was made against the defendant directing payment of twenty dollars per month for the support of his grandchild. Subsequently, upon petition, this amount was increased to ninety dollars.
The appellant contends that the court had no authority to make an order for more than twenty dollars. The Act of June 13, 1836, P. L. 547, section 28, provides that the grandfather, among others, of every poor person not able to work, shall, if of sufficient ability, relieve and maintain such poor person at such rate as the court of quarter sessions shall direct on pain of forfeiting a sum, not exceeding twenty dollars for every month they shall fail therein, which shall be levied by process of said court and applied to the relief and maintenance of such poor person. It is argued that although the sum of twenty dollars is fixed merely as a penalty, it inferentially limits the amount the court can order. The language of the section would strongly support that reasoning. In Wertz against Blair Co., 66 Pa. 18, it is stated that the jurisdiction of the court is limited to
There was evidence that the grandfather was of sufficient ability to pay. Were it not for the peculiar circumstances of the case, we would probably be compelled to say that ninety dollars is too large an amount but the child is in a very delicate condition, having ataxia and being unable to walk or talk and treatment for a year or more in some institution, it was stated, will probably restore it to health. We think the lower court
All the assignments of error are overruled and judgment is affirmed.
Reference
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- Commonwealth ex rel., Horwitz v. Horwitz
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- Syllabus
- Parent and child — Maintenance—Grandparents—Grandchildren —Order of support — Amount—Limitation—Acts of July IS, 18S6, and June 15,1911. Under the Act of June 13, 1836, P. L. 547, the amount which a grandparent could be required to pay for the maintenance and support of a grandchild was limited to the sum of $20 per month, because the act gave the courts no authority to enforce payment beyond that sum. The Act of June 15,1911, P. L. 973, amending the Act of 1836, provides a new method of enforcing orders of maintenance and support, by attachment, and by imprisonment for contempt. The new method of enforcement is exclusive of -the old remedy by fine. The effect of the amendment is, therefore, to remove the former limitation upon the amount, for which the court can compel payment. Since the Act of 1911, the court has authority to direct a grandfather, who has sufficient ability, to pay the sum of $90 per month for the support of a delicate grandchild, suffering with ataxia, where payment of that sum for a year will probably restore the child to health.