Forty-Sixth Ward

Citations

• 58 Pa. Super. 428
• 1914 Pa. Super. LEXIS 324

Syllabus

<p>Municipalities—Division of cities into wards—Commissioners— Practice, Q. S.-—Act of May 28,1874, P• L. 280—Appeals.</p> <p>On an appeal from an order disapproving the recommendation of commissioners in proceedings under the Act of May 23,1874, P. L. 230, to divide the ward of a city, and dismissing the petition, the appellate court cannot consider the evidence inasmuch as the appeal is in effect only a certiorari, but it may look into the opinion of the lower court for the purpose of ascertaining the grounds of the decision; and if, from such examination, it appears that the petition was dismissed for the reason stated that further legislation was necessary, the appellate court will not concur in the part of the order dismissing the petition; but if it appears from the face of the record that four of the five commissioners were petitioners for the division, the part of the order disapproving the recommendation of the commissioners will be sustained.</p>