In re a Public Road from the Armstrong & Indiana Turnpike to a Public Road from David Cumming's to Indiana
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Indiana county, to remove the proceedings in that court in the matter of a road from the Armstrong and Indiana turnpike to the road from David Cumming’s to Indiana near a point on Judge White’s land. At the June Sessions 1860, the court appointed viewers to layout a road as above stated. On the 26th of September 1860, the viewers reported a road between the’said points, which was read same day and so endorsed on the report.
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Certiorari to the Court of Quarter Sessions of Indiana county, to remove the proceedings in that court in the matter of a road from the Armstrong and Indiana turnpike to the road from David Cumming’s to Indiana near a point on Judge White’s land. At the June Sessions 1860, the court appointed viewers to layout a road as above stated. On the 26th of September 1860, the viewers reported a road between the’said points, which was read same day and so endorsed on the report. Nothing further was done until November 12th 1863, when a petition was presented reciting the laying out of the above road,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
It is a fatal objection that the petition for a review in this case was not presented or acted upon until two years after filing of the original report. The 25th section of the General Road Law of 13th June 1836, directs a second view or review, “ provided that application therefor be made at or before the next term of the said court after the report upon the first view.” This provision has always been looked upon as mandatory. There are good reasons founded in the necessity for speedy action, in order that the report upon the first view may…
2Cases cited1 opinion
- Baldwin & Snowden RoadSupreme Court of Pennsylvania · 1857
3Cited by2 opinions
- Newtown Township RoadSuperior Court of Pennsylvania · 1916
- Upper Yoder Township RoadSuperior Court of Pennsylvania · 1915