Opinion
October 6, 1964.
November 10, 1964.
Appeals — Supreme Court — Jurisdiction — Appeals from court of quarter sessions — Special allocatur — When necessary — Rule 68 1/2 — Act of August 14, 1963, P. L. 819.
1. When proceedings are taken in the court below pursuant to a statute which is silent on the question of appellate review "an appeal to the Supreme Court in the nature of a certiorari will lie only if specially allowed by the Court or by a judge thereof": Rule 68 1/2. [74-5]
2. Under the Act of August 14, 1963, P. L. 819, the Superior Court has exclusive jurisdiction of all appeals from proceedings of any kind in the court of quarter sessions of the peace, except cases involving the right to a public office and cases of felonious homicide. [75]
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeals, Nos. 211 and 212, March T., 1964, 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. Appeals remitted to Superior Court.
Annexation proceedings.
Order entered affirming and approving annexation ordinance of City of Meadville under which a part of West Mead Township was annexed to the City of Meadville, opinion by MOOK, P. J. West Mead Township appealed.
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.
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. How ever, there is a more fatal defect than the failure to 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 Pa.C.S.A. § 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.