# Gardner v. Repasky

> Supreme Court of Pennsylvania · April 23, 1969 · 434 Pa. 126

URL: https://www.frixlaw.com/law-library/cases/9639801

## Case

- **Full name:** Gardner, Appellant, v. Repasky
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 23, 1969
- **Citations:** 434 Pa. 126; 252 A.2d 704; 1969 Pa. LEXIS 417
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9639801

## Opinion text

Dissenting Opinion by
Mr. Justice Roberts:
It is my view that this Court does not have jurisdiction of this appeal. Neither the parties to this action nor the majority has cited one similar case which this Court has heard. Nor has my research revealed any. Therefore, the appropriate recourse would be for us to either quash the appeal or remit it to the Superior Court; that Court has initial appellate jurisdiction in civil service appeals unless they come under this Court’s equity jurisdiction. 17 P.S. §184.1. * In light of this, I do not find it necessary to discuss or decide the merits of this controversy.
“All actions arising from proceedings and orders of any commission or administrative agency, except as otherwise provided by statute . . . .”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9639801. Public record. Not legal advice.