In re Change of Grade of Ridge Avenue
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia eoimby: Of July Term 1881, No. 115. The record showed the following facts: — On November 21st 1878, Thomás Byrnes and others filed their petition in the said Court of Quarter Sessions, setting forth that they owned certain lands fronting on .Eidge avenue, between Abbotsford avenue and Palis lane, in the 28th ward of the city of Philadelphia; that by resolutions of councils, of October 1st 1870, and June 21th 1871,…
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Certiorari to the Court of Quarter Sessions of Philadelphia eoimby: Of July Term 1881, No. 115. The record showed the following facts: — On November 21st 1878, Thomás Byrnes and others filed their petition in the said Court of Quarter Sessions, setting forth that they owned certain lands fronting on .Eidge avenue, between Abbotsford avenue and Palis lane, in the 28th ward of the city of Philadelphia; that by resolutions of councils, of October 1st 1870, and June 21th 1871, the city of Philadelphia directed a “revision” of the grades of Eidge avenue or Turnpike road, which was done by a plan…
1Opinion of the CourtJustice Paxson
Before the exceptions were argued in the court below, the city moved to quash the proceedings for want of jurisdiction, the petition not having been filed within one year, either from the confirmation of the plan or the physical change of grade. This motion was denied, and forms the subject of the fifth assignment of error.
*474The seventh section of the general road law of June 13th 1836, P. L. 556, provides that “ the owner of any land through which a public road shall be opened as aforesaid, may, within one year from the opening of the same, apply by petition, to the Court of Quarter Sessions…
2Cases cited1 opinion
- Commonwealth v. M'AllisterSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Change of Grade in Plan 166Supreme Court of Pennsylvania · 1891
- Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
- Butler StreetSuperior Court of Pennsylvania · 1904
- Opening of Second Avenue in the Borough of ConshohockenSuperior Court of Pennsylvania · 1898
- Appeal of HogsettSuperior Court of Pennsylvania · 1896
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