Rule 1014 Orders of Court in Certiorari Proceedings

Subdivision A states the rule that if the court finds in favor of the party obtaining the writ, it merely sets the judgment below aside without prejudice to the cause of action. The grounds for certiorari do not go to the merits of the case but only to matters that usually can be cured by later selecting a proper tribunal. See Statler v. Alexander Film Co., 21 D. & C. 512 (Westmoreland 1934).

Subdivision B provides for dismissal of the writ if the finding is against the party obtaining it. This leaves the judgment below in full force and effect. See Pa.R.Civ.P.M.D.J. 1013(d).