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WEST MEAD TOWNSHIP APPEAL (11/10/64)

SUPREME COURT OF PENNSYLVANIA


decided: November 10, 1964.

WEST MEAD TOWNSHIP APPEAL

Appeals from order of Court of Quarter Sessions of Crawford County, Nov. T., 1961, No. 118, and Sept. T., 1962, No. 111, in the matter of annexation of part of West Mead Township to City of Meadville.

COUNSEL

F. Joseph Thomas, with him R. Charles Thomas, for appellant.

John V. Pepicelli, City Solicitor, for appellees.

J. Perry Eckels, and Eckels, Stegner & Blystone, for taxpayers and residents, amici curiae.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Cohen.

Author: Cohen

[ 416 Pa. Page 74]

In both of these appeals annexation was sought pursuant to the provisions of the Act of July 20, 1953, P. L. 550, 53 P.S. §§ 67501-08. This Act is silent on the question of appellate review. Hence, appellants, in order to appeal to this Court, are required to comply with Rule 68 1/2 of the Rules of the Supreme Court of Pennsylvania. This appellants did not do and we on our own motions would dismiss both appeals. However, there is a more fatal defect than the failure to

[ 416 Pa. Page 75]

    comply with our Rule 68 1/2. After December 1, 1963 (the effective date of the Act of August 14, 1963, P. L. 819 (No. 401) § 1, 17 P.S. §§ 181, 182, which Act redefines the jurisdiction of the Superior Court) the appellate jurisdiction of all appeals from proceedings of any kind of the court of quarter sessions of the peace rests exclusively in the Superior Court, with exceptions not here applicable. Therefore, we remit these two appeals to that Court.

Disposition

Appeals remitted to Superior Court.

19641110

© 1998 VersusLaw Inc.



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