Appeal of Irwin
Superior Court of Pennsylvania
Appeal, No. 59, March T., 1898, by George W. Irwin et al., from decree of Q. S. Adams Co., setting aside report of viewers laying out a public road. Exceptions to report of viewers. Before Swope, P. J. It appears from the record that tire court below sustained exceptions to the viewers’ report and set aside same on the ground that the viewers did not begin their work at the place named in the posted notice, thus misleading parties in interest. George Irwin et al. appealed.
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Appeal, No. 59, March T., 1898, by George W. Irwin et al., from decree of Q. S. Adams Co., setting aside report of viewers laying out a public road. Exceptions to report of viewers. Before Swope, P. J. It appears from the record that tire court below sustained exceptions to the viewers’ report and set aside same on the ground that the viewers did not begin their work at the place named in the posted notice, thus misleading parties in interest. George Irwin et al. appealed. Error assigned was in sustaining the exceptions and setting aside report of viewers.
1Opinion of the Court
Opimos by
Wickham, J.,
In this case the court below set aside the report of road viewers, on the ground that the viewers did not begin their work at the place mentioned in their posted notices, thus misleading parties in interest.
Manifestly this is an interlocutory and not a final' order. The main proceedings are undetermined in the court below. The appeal, therefore, was prematurely taken. In Road in Kiskiminitas Tp., 32 Pa. 9, the viewers’ report was set aside for excessive damages. In Road from Bough Street, etc., 2 S. & R. 418, the same action was taken, with the report of re-reviewers,…
2Cases cited1 opinion
- Road in Kiskiminitas TownshipSupreme Court of Pennsylvania · 1858
3Cited by4 opinions
- Commonwealth v. StephensSuperior Court of Pennsylvania · 1899
- In re Division of WardsSuperior Court of Pennsylvania · 1898
- Perry Township RoadSuperior Court of Pennsylvania · 1908
- Selfridge v. Mifflin CountyMifflin County Court of Quarter Sessions · 1932