Commissioners of York County v. Commonwealth ex rel. Smyser
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county: No. 7, to May Term 1872. On the 16th of May 1871, Zachariah W. Smyser petitioned the Court of Common Pleas of York county, setting out, that viewers appointed according to law, reported to the August Term 1857 of the Court of Quarter Sessions, that a bridge was necessary over Codorus creek, where it crosses King street in the borough of York, that the erection would cost more than the borough should bear; and that the grand…
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Error to the Court of Common Pleas of York county: No. 7, to May Term 1872. On the 16th of May 1871, Zachariah W. Smyser petitioned the Court of Common Pleas of York county, setting out, that viewers appointed according to law, reported to the August Term 1857 of the Court of Quarter Sessions, that a bridge was necessary over Codorus creek, where it crosses King street in the borough of York, that the erection would cost more than the borough should bear; and that the grand jury, the Court of Quarter Sessions, and the county commissioners concurring in the report, it was at January sessions…
1Opinion of the Court
Judgment was entered in the Supreme Court
Per Ctjriam.
— The defence in this case taken by the answer of the respondents, sets up no irregularity in the proceedings requiring the county commissioners to build the proposed bridge, but they rest their case on the lapse of time since these proceedings were had, viz. fourteen years; and on an alleged change in the financial condition of the county. We see nothing which constitutes lapse of time a defence — no statute, or practice, to that effect exists. So, as to the supposed change in the financial condition of the county. It might be well…
2Cited by3 opinions
- Commonwealth v. BakerSupreme Court of Pennsylvania · 1905
- Mmonwealth Ex Rel. v. SchmidtSupreme Court of Pennsylvania · 1926
- Brewer v. Delaware County Commissioners, Pennsylvania Court of Common Pleas, Delaware County1926