Commonwealth v. Williams

80 Pa. D. & C. 119, 1951 Pa. Dist. & Cnty. Dec. LEXIS 34
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedDecember 10, 1951
DocketCommonwealth docket, 1951, no. 69
StatusPublished

This text of 80 Pa. D. & C. 119 (Commonwealth v. Williams) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Williams, 80 Pa. D. & C. 119, 1951 Pa. Dist. & Cnty. Dec. LEXIS 34 (Pa. Super. Ct. 1951).

Opinion

Smith, J.,

The question before us is whether Joseph N. Williams shall be permitted to file an appeal to this court nunc pro tunc from an [120]*120order of the State Real Estate Commission (hereinafter called commission) revoking his license as a real estate broker. The issue is raised by petition of Williams on which a rule was issued to show cause why such appeal should not be allowed; an answer filed thereto on behalf of the commission; and certain exhibits made a part of the record by mutual agreement in lieu of taking depositions; and all after the matter had been placed on our Commonwealth argument list by counsel for Williams on petition and answer alone, although actually argued before the court en banc as though the averments set forth in these exhibits were in the record.

The controlling facts, as we find them to be, are as follows:

Williams, a resident of the City of Philadelphia and then a licensed real estate broker, was on November 29, 1950, duly cited to appear before the commission to answer a certain complaint made against him by a third party. The hearing on this complaint was held December 14, 1950. Williams appeared at the hearing without counsel. The attorney for the commission advised Williams that he was entitled, if he so desired, to be represented by counsel. Williams, however, elected to act for himself and the hearing was held. At the conclusion thereof, Williams was advised by the attorney for the commission that, if the decision was adverse to him, he could appeal to this court. Thereafter, the commission entered the following order, which was received by Williams on March 5, 1951:

“And now this Second day of March, 1951, the State Real Estate Commission after consideration of the testimony herein, does hereby revoke the license of Joseph N. Williams of 1527 West York Street, Philadelphia, Pennsylvania, to act as a real estate broker. [121]*121Revocation to be effective thirty (30) days from date of service of copy of this order upon respondent.

Leonard P. Kane, Chairman.”

Thereupon, on March 22, 1951, Williams forwarded to the Department of Public Instruction at Harrisburg two copies of an appeal to this court from the above order. This appeal was signed by him. It was also sworn to by him on the “-— day of March, 1951.” On March 27, 1951, the two copies of the appeal in question were returned to Williams by the Department of Public Instruction. In so doing, Williams was advised by Edward R. Innes, Chief of Law Enforcement, as follows:

“This will acknowledge receipt of your letter of March 22, 1951, enclosing two copies of an appeal from the order of the State Real Estate Commission.

“I am enclosing these copies in order that you may have the date inserted on which they were sworn to. The commission also assumes that you have filed a notice of your appeal in the Office of the Prothonotary of Dauphin County, as provided under section 10(d) of the Real Estate Broker's License Act. It is not necessary to file more than one copy of the notice of appeal with the commission. I suggest that the commission’s notice be returned to this office.” (Italics supplied.)

Thereafter, on April 9, 1951, Williams still acting for himself and after a conference had the same day by him with counsel for the commission, filed his appeal in this court to Commonwealth dkt., 1951, no. 69.

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Cite This Page — Counsel Stack

Bluebook (online)
80 Pa. D. & C. 119, 1951 Pa. Dist. & Cnty. Dec. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-williams-pactcompldauphi-1951.