31 A.2d 905 | Pa. | 1943
On May 17, 1940, while operating his automobile upon a state highway, Paul Oesterling was stopped by two Pennsylvania Motor Policemen for exceeding the maximum speed limit of fifty miles per hour prescribed by section 1002(b) of the Motor Vehicle Code. An information was filed and Oesterling paid the fine and costs. Thereafter, on September 11, 1940, he was notified by the Secretary of Revenue that his operating privilege was suspended for a period of ninety days beginning September 10, 1940, because of his violation of the speed laws.* On petition of Oesterling the court below allowed an appeal from this action of the Secretary and granted a supersedeas staying the suspension until final disposition. On September 29, 1942, more than two years after the hearing, the court entered an order reversing the suspension action and this appeal by the Secretary of Revenue followed. *243
The order of the court below must be reversed. Section 616 of the Vehicle Code, under which the appeal to the court below was taken, provides that the court shall have jurisdiction, and it shall be its duty, "to set the matter down for hearing" and "to take testimony and examine into the facts of the case" for the purpose of determining "whether the petitioner is subject to suspension of operator's license . . . under the provisions of this act." Referring to the procedure on appeal, we said inCommonwealth v. Funk,
Under the circumstances we will reverse the order appealed from and remand the record to the court below for appropriate findings of fact and conclusions of law and for the entry of an order sustaining or reversing the action of the Secretary of Revenue based thereon.
Order reversed and record remanded to the court below for further proceedings consistent with this opinion. Costs to abide the final result.