Opinion
September 18, 1961.
November 16, 1961.
Practice — Cost — Imposition against Commonwealth — Appeal from suspension of motor vehicle operator's license.
In this case, in which it appeared that an appeal by defendant from a suspension of his motor vehicle operator's license by the Secretary of Revenue because of defendant's alleged nonpayment of the license fee was dismissed on the grounds that the propriety of the suspension had become moot by lapse of time and that payment had been made of the fee requested; and that the court below discharged defendant's rule to show cause why the costs of the appeal should not be placed upon the appellee, holding that, even if it be assumed that defendant's appeal from the suspension had been disposed of as though defendant had been successful on the merits, there was no statutory authorization for the imposition of costs against the Commonwealth in the instant type of proceeding; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 232, Oct. T., 1961, from order of Court of Common Pleas of Bucks County, May T., 1959, No. 114, in case of Commonwealth of Pennsylvania v. Joy Bricker, formerly known as Joy M. Rimmel. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 371.
Proceeding upon petition of licensee and rule to show cause why costs assessed upon appeal from decision of Secretary of Revenue suspending motor vehicle operating privileges should not be assessed against Commonwealth.
Order entered discharging rule, opinion by SATTERTHWAITE, J. Licensee appealed.
Joy Bricker, appellant, in propria persona.
Elmer T. Bolla, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Commonwealth, appellee.
FLOOD, J., dissented.
Argued September 18, 1961.
The order of the court below is affirmed on the opinion of Judge SATTERTHWAITE of the Court of Common Pleas of Bucks County, as reported in 25 Pa. D. C. 2d 371.
FLOOD, J., dissents.