BRICKER MOTOR VEH. OP. LIC. CASE

Practice — Cost — Imposition against Commonwealth — Appeal from suspension of motor vehicle operator's license.

In this case, in which it appeared that an appeal by defendant from a suspension of his motor vehicle operator's license by the Secretary of Revenue because of defendant's alleged nonpayment of the license fee was dismissed on the grounds that the propriety of the suspension had become moot by lapse of time and that payment had been made of the fee requested; and that the court below discharged defendant's rule to show cause why the costs of the appeal should not be placed upon the appellee, holding that, even if it be assumed that defendant's appeal from the suspension had been disposed of as though defendant had been successful on the merits, there was no statutory authorization for the imposition of costs against the Commonwealth in the instant type of proceeding; it was Held that the order of the court below should be affirmed.

FLOOD, J., dissented.

Argued September 18, 1961.