Appeal of Class & Nachod

Citations

• 6 Pa. Super. 130
• 1897 Pa. Super. LEXIS 323

Syllabus

<p>Transfer of license — Jurisdiction, Q. 8. — Payment of money into court.</p> <p>The court of quarter sessions has no jurisdiction to order the payment into court of the proceeds of a proposed sale of a hotel as a condition to the approval of the transfer of the license, nor will the consent of all parties confer such jurisdiction.</p> <p>Appeals — Jurisdiction, Q. S. — Payment of money into court.</p> <p>On an application for transfer of license the court made the following order: “ On paying into court $2,000, the balance of purchase money to abide the further order of court, the license may be transferred.” Judgment creditors of the vendor united in petitioning for the appointment of an auditor to distribute the fund. After participating in the proceedings before the auditor certain creditors appealed, alleging want of jurisdiction in the quarter sessions to order the money into court. Held, that the whole proceeding must be regarded as a common law reference and that the appellate court will not review the decree of distribution made in such an anomalous proceeding, but will quash an appeal taken by a participating creditor. Queried : Whether the vendor might not have had the right to an appeal.</p>