Legal Opinion

Johnson License

Pennsylvania Court of Common Pleas

Decided May 11, 1971PublishedCited by 1 opinion

1Opinion of the Court

LYON, J.,

— Before the court for determination is the appeal of Joseph R. Johnson from the suspension of his operating privileges by the Secretary of Revenue.

On an appeal to the court of common pleas from a license suspension, it is the duty of the court to hear the case de novo and determine anew whether the operator’s license should be suspended: Commonwealth v. Wagner, 364 Pa. 566, 73 A.2d 676 (1950); Commonwealth v. Funk, 323 Pa. 390, 186 Atl. 65 (1936). Thus, the merit of the suspension was early recognized by the Supreme Court as being a matter for the hearing court’s independent…

2Cases cited10 opinions

  1. Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
  2. Commonwealth v. EmerickSupreme Court of Pennsylvania · 1953
  3. Commonwealth v. BrennanSupreme Court of Pennsylvania · 1899
  4. Commonwealth v. WagnerSupreme Court of Pennsylvania · 1950
  5. Commonwealth v. MoogermanSupreme Court of Pennsylvania · 1956

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3Cited by1 opinion

  1. Commonwealth v. BrownSuperior Court of Pennsylvania · 1973

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