Legal Opinion

Stowe Township Road

Superior Court of Pennsylvania

Decided May 22, 1902No. Appeal, No. 44Published

Appeal, No. 44, April T., 1902, by David K. Clever, from various orders of Q. S. Allegheny Co., Sept. T., 1899, No. 1, in In re Petition for a Public Road in Stowe Township. Petition by taxpayers for a rereview of a public road.

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Appeal, No. 44, April T., 1902, by David K. Clever, from various orders of Q. S. Allegheny Co., Sept. T., 1899, No. 1, in In re Petition for a Public Road in Stowe Township. Petition by taxpayers for a rereview of a public road. Errors assigned were as follows : 1. The court erred in dismissing appellant’s exceptions in the following order: “And now, to wit: July 18, 1901, the exceptions to the report of the rereviewers herein are dismissed, and the report confirmed absolutely, and it is further ordered that the costs of the rereview be paid by petitioners for same.” 2. The court erred in…

1Opinion of the Court

Opinion by

Rice, P. J.,

The order for a rereview was not made by the court of its own motion but upon a petition of inhabitants and taxpayers, amongst whom was this appellant. Therefore, the decision in Upper Yoder Township, 129 Pa. 640, has no application. Under the act of 1836 the imposition of the expense of a rereview upon the petitioners is proper.

The petition for the rereview was not in the alternative, and the brief of counsel referred to in the second assignment of error was not part of it. If the petitioners did not desire a rereview after the disposition of the exceptions to the view,…

2Cases cited2 opinions

  1. Road in Herrick & Ararat TownshipsSuperior Court of Pennsylvania · 1901
  2. Road in Upper Yoder TownshipSupreme Court of Pennsylvania · 1889

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