Township of Mahanoy v. Comry
Supreme Court of Pennsylvania
Ebkob to the Court of Common Pleas of Schuylkill county: Of January Term 1883, No. 280. Assumpsit,.by Andrew Comry to the use of Andrew Kobertson, against the township of Mahanoy. The narr. contained the common counts for work and labor done and special counts upon thirteen several warrants or orders differing only in dates and amounts.
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Ebkob to the Court of Common Pleas of Schuylkill county: Of January Term 1883, No. 280. Assumpsit,.by Andrew Comry to the use of Andrew Kobertson, against the township of Mahanoy. The narr. contained the common counts for work and labor done and special counts upon thirteen several warrants or orders differing only in dates and amounts. The following is a copy of one : “No. 81. Mahanoy City, June 12th 1874. To John Cocklin, treasurer of the township of Mahanoy, County of Schuylkill, State of Pennsylvania. “ Pay to Andrew Comry, or bearer, one hundred dollars and charge to account of State…
1Opinion of the CourtChief Justice Mercur
We do not think the statute which provided for the building of this road, is unconstitutional. The authority of the state to direct the laying out of a specific road, has often been exercised. The right has been recognized from an early day in the history of the Commonwealth. It has generally been exercised to supply a necessity in a large district of territory, which poor or conflicting local districts were unable to supply. The -facts brought this legislation within that rule. The jury have found that the defendant in error substantially complied with his contract to build the road, and…
2Cited by1 opinion
- In re Road in Milford TownshipJuniata County Court of Quarter Sessions · 1951