Legal Opinion

Road in Lower Merion

Supreme Court of Pennsylvania

Decided January 28, 1868PublishedCited by 15 opinions

Certiorari to the Court of Quarter Sessions of Montgomery county: No. 52, to January Term 1868. On the 28th of May 1866, viewers were appointed on a petition for a road, “ to begin at the point of intersection of two public roads known respectively as Gray’s Lane and Anderson’s Lane, and to end in the old Lancaster road at a point between the corners of lands of Lewis Warner and William G. Lesher, and the private lane on land of the late Dr. Joseph Anderson.”

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Certiorari to the Court of Quarter Sessions of Montgomery county: No. 52, to January Term 1868. On the 28th of May 1866, viewers were appointed on a petition for a road, “ to begin at the point of intersection of two public roads known respectively as Gray’s Lane and Anderson’s Lane, and to end in the old Lancaster road at a point between the corners of lands of Lewis Warner and William G. Lesher, and the private lane on land of the late Dr. Joseph Anderson.” On the 22d of August, the viewers reported laying out the road prayed for, which was confirmed nisi on the same day. On the 12th of…

1Opinion of the Court

The opinion of the court was delivered, January 28th 1868, by

Agnew, J.

The termini of a projected road are its designation and only means of identification. It is by these points it is docketed and indexed. This court will quash a certiorari that does not state the beginning and ending of the road: Road in West Nantmeal Township, 4 Yeates 433. The termini furnish the only means of tracing the record, and thus become important to the titles of land affected by the road laid out over them. The petition for the view lies at the foundation of all the subsequent proceedings, and can do no more than…

2Cases cited2 opinions

  1. Hellertown RoadSupreme Court of Pennsylvania · 1843
  2. Road in East and West Nantmill TownshipsSupreme Court of Pennsylvania · 1807

3Cited by15 opinions

  1. O'Hara Township RoadSupreme Court of Pennsylvania · 1893
  2. Road in Dunbar TownshipSuperior Court of Pennsylvania · 1900
  3. Crescent Township RoadSuperior Court of Pennsylvania · 1901
  4. Road in Cassville BoroughSuperior Court of Pennsylvania · 1897
  5. In Re Private Road in Nescopeck TownshipSuperior Court of Pennsylvania · 1980

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