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DEFENDER ASSOCIATION PHILADELPHIA ARTICLES INCORPORATION AMENDMENT CASE (05/27/70)

SUPREME COURT OF PENNSYLVANIA


decided: May 27, 1970.

DEFENDER ASSOCIATION OF PHILADELPHIA ARTICLES OF INCORPORATION AMENDMENT CASE

Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1930, No. 10005, in re amendments of Articles of Incorporation of Defender Association of Philadelphia.

COUNSEL

Louis B. Schwartz, with him Bernard L. Segal, for appellants.

Edward W. Madeira, Jr., for Defender Association of Philadelphia, appellee.

Judah I. Labovitz, for amicus curiae.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ.

Author: Per Curiam

[ 438 Pa. Page 527]

This is an appeal from the approval of certain amendments to the articles of incorporation of the Philadelphia Defender Association. Such approval is

[ 438 Pa. Page 528]

    required under the Nonprofit Corporation Law, Act of May 5, 1933, P. L. 289, art. VII, § 707, as amended, 15 P.S. § 7707. Since the Nonprofit Corporation Law is silent on the question of an appeal in this type of case, an appeal in the nature of a broad certiorari was formerly allowable directly to this Court. See Nottingham Fire Co. Charter Case, 394 Pa. 631, 632, 149 A.2d 119 (1959); In re Elkland Leather Workers' Association, Inc., 330 Pa. 78, 80, 198 Atl. 13, 15 (1938). Under our new Constitution, however, such a direct appeal is no longer proper. Article V, Section 9, of the Constitution now specifically grants a right of appeal; the Act of December 2, 1968, P. L. [ILLEGIBLE WORD], No. 351, 12 P.S. § 1111.1 (Supp. 1970), implementing the Constitution, directs that such appeals be taken to the Superior Court unless otherwise provided by statute. See Plains Township School District Appeal, 438 Pa. 294, 265 A.2d 358 (1970). Since there is no statutory provision for a direct appeal to this Court in the instant case, the appeal should have been taken to the Superior Court. Accordingly the case is remitted to the Superior Court "for hearing and decision." Act of June 24, 1895, P. L. 212, § 9, par. 3, 17 P.S. § 194.

Disposition

Remitted to Superior Court.

19700527

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