In re Private Road
Superior Court of Pennsylvania
Appeal, No. 28, Jan. T., 1900, by August Stolpe, from order of Q. S. Luzerne Co., June Sess., 1896, No. 371, in dismissing exceptions to report of viewers. Opinion by Rice, P. J. Exceptions to the report of viewers laying out private road. It appears from the record that this was a proceeding on the petition of Julius Stolpe to the court of quarter sessions of Luzerne county, praying the court to lay out a private road across the land of August Stolpe in Dennison township.
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Appeal, No. 28, Jan. T., 1900, by August Stolpe, from order of Q. S. Luzerne Co., June Sess., 1896, No. 371, in dismissing exceptions to report of viewers. Opinion by Rice, P. J. Exceptions to the report of viewers laying out private road. It appears from the record that this was a proceeding on the petition of Julius Stolpe to the court of quarter sessions of Luzerne county, praying the court to lay out a private road across the land of August Stolpe in Dennison township. Three viewers were appointed who recommended the road. The rules of the court of quarter sessions in Luzerne county,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The rule of the court below provides as follows: “ Five days’ notice of the intended application for the appointment of viewers to lay out public roads in townships, shall be given to the *230county commissioners or the county solicitor, and to the township supervisors, and in case of a private road, to the owner of the land.”
Is it necessary that the record shall show affirmatively that notice was given as prescribed by the rule of court? We think not. The rule is a good one, but the fact that it has been complied with is not one of those jurisdictional matters — (like…
2Cases cited10 opinions
- In re Road in Plumcreek TownshipSupreme Court of Pennsylvania · 1885
- Keller's Private RoadSupreme Court of Pennsylvania · 1893
- New Hanover RoadSupreme Court of Pennsylvania · 1852
- Private Road of A. J. RocheSuperior Court of Pennsylvania · 1899
- Road in Manheim TownshipSuperior Court of Pennsylvania · 1900
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3Cited by4 opinions
- Nobles v. PiolletSuperior Court of Pennsylvania · 1901
- Columbus Township RoadSuperior Court of Pennsylvania · 1914
- Bell AppealSupreme Court of Pennsylvania · 1959
- Bell AppealSupreme Court of Pennsylvania · 1959