Case of the State Road in Lehigh County
Supreme Court of Pennsylvania
This was a certiorari to the Court of Quarter Sessions of Bucks county, to.remove the proceedings and decree- of the Court, upon exceptions filed to the report of the commissioners appointed to layout a State road in Lehigh and Bucks counties. The case presented to the court for adjudication was as follows.
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This was a certiorari to the Court of Quarter Sessions of Bucks county, to.remove the proceedings and decree- of the Court, upon exceptions filed to the report of the commissioners appointed to layout a State road in Lehigh and Bucks counties. The case presented to the court for adjudication was as follows. Commissioners were appointed by an act of assembly, passed on the 10th day of April, 1835, to lay out a state road from the Bethlehem and Sum neytown road in Lehigh county, to the Bethlehem and Philadelphia road in Bucks county. By the third section of this act, they were directed “ to…
1Per curiam
The Quarter Sessions had no direct supervisory jurisdiction of the proceedings of the commissioners. It never was intended to give that, or perhaps any other court, a power to vacate, without supplying the part vacated; and such might have been the consequence of giving the sessions power to quash. A state road leading through many counties, and constituting originally, a wffiole, might have been brollen into many fragments by it. The remedy for imperfections in the original location, is distinctly pointed out to be by view and review; and such ought to have been the course here.
Judgment of…
2Cited by1 opinion
- Burris v. LandersCalifornia Supreme Court · 1896