Morgan Appeal

Supreme Court of Pennsylvania

Morgan Appeal

227 A.2d 678, 424 Pa. 468, 1967 Pa. LEXIS 803

CourtSupreme Court of Pennsylvania

DecidedMarch 14, 1967

DocketAppeal, No. 65

StatusPublished

Cited by1 cases

This text of 227 A.2d 678 (Morgan Appeal) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morgan Appeal, 227 A.2d 678, 424 Pa. 468, 1967 Pa. LEXIS 803 (Pa. 1967).

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Opinion

Opinion by

Mr. Justice Jones,

This is an appeal from an order of the Court of Quarter Sessions of Montgomery County which appointed a township supervisor under the provisions of The Second Class Township Code (Act of May 1, 1933, P. L. 103, §420, as amended, 53 P.S. §65420). The statute is silent on the question of appellate review and, therefore, appellant should have applied to this Court, within 30 days from the date of the order, for a special allowance of an appeal under Rule 68% of this Court. Appellant having failed to comply with that Rule, the appeal must be quashed. Martonich v. Beattie, 383 Pa. 168, 117 A. 2d 715 (1955), upon which appellant relies, was decided prior to the promulgation of Rule 68% and is not apposite.

Moreover, the instant appeal is taken by Frank D. Morgan, one of the township supervisors who presented, unsuccessfully, one of the petitions to the court below for appointment of a supervisor to fill a vacancy on the township board. As an unsuccessful petitioner [470]*470Morgan lacks standing to take this appeal: Keystone Raceway Corporation v. State Harness Racing Commission, 405 Pa. 1, 173 A. 2d 97 (1961); Ritter Finance Company, Inc. v. Myers, 401 Pa. 467, 165 A. 2d 246 (1960).

For both reasons, this appeal must be quashed. Appellant to pay costs.

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Opinion by

Mr. Justice Jones,

This is an appeal from an order of the Court of Quarter Sessions of Montgomery County which appointed a township supervisor under the provisions of The Second Class Township Code (Act of May 1, 1933, P. L. 103, §420, as amended, 53 P.S. §65420). The statute is silent on the question of appellate review and, therefore, appellant should have applied to this Court, within 30 days from the date of the order, for a special allowance of an appeal under Rule 68% of this Court. Appellant having failed to comply with that Rule, the appeal must be quashed. Martonich v. Beattie, 383 Pa. 168, 117 A. 2d 715 (1955), upon which appellant relies, was decided prior to the promulgation of Rule 68% and is not apposite.

Moreover, the instant appeal is taken by Frank D. Morgan, one of the township supervisors who presented, unsuccessfully, one of the petitions to the court below for appointment of a supervisor to fill a vacancy on the township board. As an unsuccessful petitioner [470]*470Morgan lacks standing to take this appeal: Keystone Raceway Corporation v. State Harness Racing Commission, 405 Pa. 1, 173 A. 2d 97 (1961); Ritter Finance Company, Inc. v. Myers, 401 Pa. 467, 165 A. 2d 246 (1960).

For both reasons, this appeal must be quashed. Appellant to pay costs.

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Bluebook (online)

227 A.2d 678, 424 Pa. 468, 1967 Pa. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-appeal-pa-1967.

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