Draper Appeal

Dissenting Opinion by

Mr. Justice Musmanno:

I vigorously dissent from that portion of the Majority opinion which says: “It was not necessary for *30appellant [Mrs. Draper, tlie taxpayer] to move to amend since the alleged improprieties of the supervisors were already before the court by the appeal that had been taken.”

This is one of the most astounding propositions ever asserted by an appellate court. It permits castigatory legal proceedings against persons who have not been served, who have not been advised, and who have not been warned of penalties which may be imposed against them. It makes of…