Legal Opinion

In re Road in Lackawanna

Supreme Court of Pennsylvania

Decided March 15, 1886PublishedCited by 6 opinions

Certiorari to the Court of Quarter Sessions of the Peace of Lackawanna county: Of July Term, 1885, No. 150. The record showed the following: October 23d, 1882, petition for new public road filed. October 23d, 1882, appointment of viewers on the above petition. January 22d, 1883, report of viewers laying out road filed. January 22d, 1883, report of viewers confirmed nisi. April 2d, 1883, exceptions to report of viewers filed. June 25th, 1883, petition for review filed.

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Certiorari to the Court of Quarter Sessions of the Peace of Lackawanna county: Of July Term, 1885, No. 150. The record showed the following: October 23d, 1882, petition for new public road filed. October 23d, 1882, appointment of viewers on the above petition. January 22d, 1883, report of viewers laying out road filed. January 22d, 1883, report of viewers confirmed nisi. April 2d, 1883, exceptions to report of viewers filed. June 25th, 1883, petition for review filed. June 25th, 1883, reviewers appointed. June 27th, 1883, court allows amendment of review. July 16th, 1883, court revokes order…

1Opinion of the CourtJustice Clark

The 4th section of the General Road Law of 18th June, 1836, provides: “ If the court shall approve of the report of the viewers, allowing a road, they shall direct of what breadth the road so approved shall be opened, and at the next court thereafter, such road shall be taken, deemed and allowed to be a lawful public road or highway, or private road, as the case may be.” The width of the road is undoubtedly a matter of which the parties in interest have a right to be informed before the proceedings and final judgment of the court are entered upon record; for, as this court said in the Road in…

2Cases cited4 opinions

  1. Road CaseSupreme Court of Pennsylvania · 1842
  2. Road CaseSupreme Court of Pennsylvania · 1842
  3. Charleston RoadSupreme Court of Pennsylvania · 1854
  4. Road in Reserve TownshipSupreme Court of Pennsylvania · 1859

3Cited by6 opinions

  1. In re Vacation of Public RoadSuperior Court of Pennsylvania · 1899
  2. Croyle Township RoadSuperior Court of Pennsylvania · 1908
  3. In re Road in Smithfield TownshipMonroe County Court of Quarter Sessions · 1937
  4. Newtown Township RoadSuperior Court of Pennsylvania · 1916
  5. Upper Yoder Township RoadSuperior Court of Pennsylvania · 1915

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