DIVELY v. TANNER


189 Pa.Super. 635 (1959)

Dively v. Tanner, Appellant.

Superior Court of Pennsylvania.

June 10, 1959.


Attorney(s) appearing for the Case

Thomas P. Geer, Solicitor for Ohio Township, with him Ryan, Geer and Bowser, for appellant.

Gilbert E. Morcroft, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.


OPINION BY WOODSIDE, J., June 10, 1959:

This is an action in mandamus to compel a township building inspector to issue a plumbing permit. The Court of Common Pleas of Allegheny County directed the writ to issue and the inspector appealed to this Court.

The appeal should have been taken to the Supreme Court. Act of June 8, 1893, P.L. 345, § 29, 12 PS § 1975. When this was called to the attention of the township solicitor during the argument, counsel...

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