Case of the Road from M'Claysburg
Supreme Court of Pennsylvania
ON the return of a certiorari to the Quarter Sessions of Dauphin county, in the case of a road leading from the upper end of Third street in M1-Claysburg, to intersect the rjVer road near Christian Kunkle's farm house, it appeared # 7 rr among other exceptions to the proceedings in the Court of Quarter Sessions, that Nicholas Swoyer, an original petitioner, had been appointed a reviewer, which Elder insisted was fatal to the proceedings, and cited the case of the Radnor and…
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ON the return of a certiorari to the Quarter Sessions of Dauphin county, in the case of a road leading from the upper end of Third street in M1-Claysburg, to intersect the rjVer road near Christian Kunkle's farm house, it appeared # 7 rr among other exceptions to the proceedings in the Court of Quarter Sessions, that Nicholas Swoyer, an original petitioner, had been appointed a reviewer, which Elder insisted was fatal to the proceedings, and cited the case of the Radnor and Newtown Road,(a) as decisive of the question. in support of the proceedings, contended, that as Swoyer was not a…
1Opinion of the Court
But by The Court.
It appearing that Nicholas Swoyer, one of the last reviewers, was an original petitioner, we are of opinion, that the proceedings should be quashed. The case in 5 Binn. 612, settles the principle.
Proceedings quashed.
2Cases cited1 opinion
- In the Case of a Road in Radnor & NewtownSupreme Court of Pennsylvania · 1813