Philadelphia v. DORTORT

Opinion by

Montgomery, J.,

This is an appeal from an order of Common Pleas Court No. 2 of Philadelphia County dismissing exceptions to a magistrate’s return brought before the court on certiorari. The City of Philadelphia, appellee, has moved to dismiss it for the reasons that the Act of March 20, 1810, P. L. 208, 5 Sm. L. 161, §22, 42 P.S. §957, declares that the judgment of the Court of Common Pleas is final and unappealable in such cases, and Bell Appeal, 396 Pa. 592, 152 A. 2d 731 (1959), held that the Superior Court has no right of review by certiorari. We are of the opinion that such…