Legal Opinion

New Hanover Road

Supreme Court of Pennsylvania

Decided April 12, 1852PublishedCited by 8 opinions

Certiorari to the Court of Quarter Sessions of Montgomery county, in the matter of the road in the township of New Hanover, Montgomery county, beginning at a public road leading from Kutztown to Philadelphia, near the Reformed church, on the line dividing lands of Daniel Gilbert and Francis Weand, and terminating at a public road leading from the Swamp to Pottstown, on ■ the lands of Isaac Yost, in the township of New Hanover.

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Certiorari to the Court of Quarter Sessions of Montgomery county, in the matter of the road in the township of New Hanover, Montgomery county, beginning at a public road leading from Kutztown to Philadelphia, near the Reformed church, on the line dividing lands of Daniel Gilbert and Francis Weand, and terminating at a public road leading from the Swamp to Pottstown, on ■ the lands of Isaac Yost, in the township of New Hanover. On May 20,1850, upon petition, viewers were appointed; August 19,1850, report of viewers filed, laying out the road and returning a draft thereof; and August 22, 1850,…

1Opinion of the Court

The opinion of the Court was delivered, by

Black, C. J.

The first exception here is, that the report signed by five viewers does not state that the sixth one was absent. If this had been material, the exception ought to have been accompanied with proof. We take' it for granted that every objection made to *224a road report and overruled by the Quarter Sessions, and which is in its nature capable of being proved, is untrue in point of fact, unless the contrary appears from the record, or by evidence aliunde regularly submitted to the Court below previous to their decision. The presumption in this…

2Cited by8 opinions

  1. Emig v. Bobst Mountain Hunting ClubCommonwealth Court of Pennsylvania · 1996
  2. Road in North Franklin TownshipSuperior Court of Pennsylvania · 1898
  3. Incorporation of Swoyerville BoroughSuperior Court of Pennsylvania · 1899
  4. Private Road of A. J. RocheSuperior Court of Pennsylvania · 1899
  5. Road in Upper Darby TownshipSuperior Court of Pennsylvania · 1901

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