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HICKS APPEAL. (03/22/61)

THE SUPERIOR COURT OF PENNSYLVANIA


March 22, 1961

HICKS APPEAL.

Appeal, No. 43, Oct. T., 1961, from order of Municipal Court of Philadelphia County Dec. T., 1959, No. 803-C, in re adoption of Augustus Hicks, III. Appeal certified to Supreme Court.

COUNSEL

,Stanford Shmukler, with him Harry P. Voldow, for appellant.

E. Washington Rhodes, with him Charles Wright, for appellees.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Per Curiam

[ 194 Pa. Super. Page 461]

OPINION PER CURIAM

This is an appeal from an order of the Municipal Court of Philadelphia in an adoption case. The statute providing for adoption does not give the right of appeal. See Act of April 4, 1925, P.L. 127, as amended, 1 P.S. § 1 et seq. An appeal in an adoption proceeding is in the nature of a certiorari. Maisels Adoption Case, 395 Pa. 329, 332, 149 A.2d 38 (1959). Under these circumstances, the Act of March 2, 1923, P.L. 3, 17 P.S. § 187, giving this Court jurisdiction of appeals from the Municipal Court of Philadelphia, does not give us jurisdiction of appeals from adoption orders in the Municipal Court. Bell Appeal, 396 Pa. 592, 152 A.2d 731 (1959).

Disposition

The appeal is therefore certified to the Supreme Court.

19610322

© 1998 VersusLaw Inc.



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