GARLICK v. MESSERICK

No. 2453.

24 Pa. D. & C. 2d 108 (1960)

Garlick v. Messerick

Common Pleas Court of Delaware County, Pennsylvania.

March 11, 1960.


Attorney(s) appearing for the Case

William C. Archbold, Jr., and Manus McHugh, for petitioners.

Albert Blumberg, for defendants.


DIGGINS, J., March 11, 1960.

This is a petition for declaratory judgment to test the constitutionality of the Act of May 1, 1929, P. L. 905, as amended by the Act of June 30, 1955, P. L. 225, 75 PS §453 (presently 75 PS §903), which provides that upon the conviction of an operator for driving an overweight truck, the truck itself may be impounded as security for the payment of the fine when the truck is owned by a person other than the operator. . . .

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