Nicholson Borough
Superior Court of Pennsylvania
Appeal, No. 11, Jan. T., 1905, by Nicholson Borough, from order of C.'P. Wyoming Co., June T., 1902, No. 75, dismissing exceptions to report of viewers In re Change of Grade of Main Street in Nicholson Borough. Exceptions to report of viewers. Before Dunham, P.'J. The opinion of the Superior -Court states the case. Errors assigned were in dismissing' exceptions to report of viewers.
1Opinion of the Court
Opinion by
Henderson, J.,
Three objections are made by the appellant to this proceeding: (1), that the order to the viewers does not contain a description of the property and directions as to the duty of the viewers; (2), that the owner of the property cannot divide it for the assessment of damages; (3), that the act under which the proceeding is instituted is unconstitutional.
The petition for the appointment of viewers having been lost, the counsel concerned filed a stipulation that the petition 'was substantially in accordance with the report of viewers. The order for the appointment of…
2Cases cited9 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- Commonwealth v. HazenSupreme Court of Pennsylvania · 1903
- Chunk v. McGeeSupreme Court of Pennsylvania · 1876
- City of Pittsburg ex rel. Flanagan v. DalySuperior Court of Pennsylvania · 1897
- Overseers of the Poor v. County of ArmstrongSuperior Court of Pennsylvania · 1899
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3Cited by1 opinion
- Elizabeth Township Sanitary Authority CaseSupreme Court of Pennsylvania · 1964