Franconia Township Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Montgomery county : Of July Term 1874, No. 93. On the 15th of May 1871, a number of inhabitants of Franconia township petitioned the Court of Quarter Sessions for viewers for a public road from the county line road between Montgomery and Bucks counties, on land of Henry H. Roth, to the Harleysville and Souders turnpike road, on lands of M. S. Henzey and Jonas Mayer. Viewers were accordingly appointed.
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Certiorari to the Court of Quarter Sessions of Montgomery county : Of July Term 1874, No. 93. On the 15th of May 1871, a number of inhabitants of Franconia township petitioned the Court of Quarter Sessions for viewers for a public road from the county line road between Montgomery and Bucks counties, on land of Henry H. Roth, to the Harleysville and Souders turnpike road, on lands of M. S. Henzey and Jonas Mayer. Viewers were accordingly appointed. They reported that they had viewed and laid out a road, beginning at a point in the county line road, on land of Henry H. Roth, and by various…
1Opinion of the CourtJustice G-okdW
Two exceptions are taken to the action of the court in this case. The first is, that they violated one of their own rules in appoint*319ing viewers on the petition, upon which these proceedings are founded. That rule reads as follows, to wit: “ When a procedure for a road or bridge has finally failed, another application for such contemplated road or bridge shall not be acted upon for one year from the session at which such road or bridge was finally rejected.”
The record shows that there had been a previous petition for a road between the same points as those indicated in the second one, May 15th…
2Cases cited1 opinion
- Charleston RoadSupreme Court of Pennsylvania · 1854
3Cited by6 opinions
- Likar AppealSuperior Court of Pennsylvania · 1945
- Newtown Township RoadSuperior Court of Pennsylvania · 1916
- In re Opening of Munday LaneLehigh County Court of Quarter Sessions · 1928
- In re Public Road, from Lincoln Highway to Maple AvenueLancaster County Court of Quarter Sessions · 1927
- Vacation of South Fayette Township RoadAllegheny County Court of Quarter Sessions · 1943
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