Legal Opinion · Concurrence

Millersville Annexation Case

Commonwealth Court of Pennsylvania

Decided July 12, 1971No. Appeal 90 C.D. 1970Published

1Concurrence

Concurring Opinion by

Judge Crumlish, Jr. :

I cannot agree with the majority that the broad scope of review we have exercised in this case arises from the “broad” language of Article Y, Section 9 of the new Constitution of 1968 and the Appellate Court Jurisdiction Act of 1970. Our broad scope of review stems from the nature of the appeal before us. ■

Certiorari, whether broad or narrow, is a court directed appeal based essentially upon a writ of error by the appellant. In such circumstances, courts often limited review to jurisdictional and procedural errors apparent on the record. The ease…

2Cases cited4 opinions

  1. Rand v. KingSupreme Court of Pennsylvania · 1890
  2. Esakovich, Exrs. v. GroudineSuperior Court of Pennsylvania · 1940
  3. Mayor of Pittsburgh v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1864
  4. Gilmore v. Connellsville Water Co.Superior Court of Pennsylvania · 1896

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