Commonwealth v. Scott-Powell Dairies

Opinion by

Rhodes, J.,

Appellant was convicted in a summary proceeding before a magistrate for a violation of General Order No. 40, issued by the Milk Control Board, and fined $50 and costs. Upon appeal to the Court of Quarter Sessions of Philadelphia County, and after hearing de novo, appellant was again adjudged guilty, and the same penalty imposed. This appeal followed.

The scope of our review in such appeals is limited; they are more in the nature of certiorari than of a writ of error or appeal proper. Com. v. Peacock, 118 Pa. Superior Ct. 168, 179 A. 907. On such appeals we may examine the…