Noonday Club of Delaware County, Inc. Liquor License Case

Dissenting Opinion by

Mr. Justice Roberts:

In my view appellee presents a dispositive argument when it contends that the Superior Court’s power to review a penalty is not properly before this Court because the question was never raised in the Superior Court, never raised in the petition for an allowance of appeal, never raised in the original briefs, and only first mentioned at oral argument before this Court. The rule of this Court is quite clear on the subject'. Rule 59 explicitly states: “This rule is to be considered in the highest degree mandatory, admitting of no exception; ordinarily no…