7 Pa. Super. 478 | Pa. Super. Ct. | 1898
This is an appeal from an order appointing viewers to divide the city of Pittsburg into elebtion districts. The proceeding is still pending, and, although it was stated on the argument that the viewers had reported, or were prepared to report, we, of course, have no means of knowing what will be the final action of the court thereon. Possibly, the court may refuse to confirm the report, and in that case the exceptants will have no occasion to appeal. If, however, the court confirms the report, and makes a final decree in accordance therewith, an appeal will then lie upon which the regularity of the whole proceeding may be reviewed in the mode formerly allowed under the writ of certiorari. In view of some suggestions contained in the paper-book we remark that our authority extends no farther than to see that the quarter sessions had jurisdiction and proceeded with regularity, and to determine this we can look at the record only. See In re Twp. of Berne, 115 Pa. 615; In re Boggs’ Twp., 112 Pa. 145. But whatever may be our revisory power we ought not. to be asked to hear the case piecemeal. Appeals should not be resorted to when the effect is to bring cases into the appellate court by instalments; such a practice is attended with obvious disadvantages and unnecessarily delays their final disposition: Lauer v. Lauer Brewing Co., 180 Pa. 593; Yost
The appeal is quashed.
