Supreme Court of Pennsylvania, 1964

Shuey v. Lebanon County

Shuey v. Lebanon County
Supreme Court of Pennsylvania · Decided January 9, 1964 · Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
413 Pa. 285; 196 A.2d 343

Shuey v. Lebanon County

Opinion of the Court

Opinion

Per Curiam,

The petition for original jurisdiction is dismissed. The petition for certiorari was granted because of an apparent emergency. After argument, the preliminary objections are sustained and the complaint is dismissed without prejudice. Each party to pay own costs.

Dissenting Opinion

Dissenting Opinion by

Mr. Justice Cohen:

The writ of certiorari having been improvidently granted, I would remand the record to the court below. Appellant here seeks an advisory opinion, to which request our Court should not accede.

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