Legal Opinion

Bern & Penn Township Road

Supreme Court of Pennsylvania

Decided March 18, 1889No. 295PublishedCited by 1 opinion

Certiorari, No. 295, Jan. T. 1889, to Q. S. Berks Co., to review an order dismissing exceptions to the report of re-reviewers on a road in Bern and Penn Townships, at Jan. Sessions, 1886, No. 1. Green and Clark, JJ., absent. The facts appear in the opinion of the court below, by Hagenman, P. J: “ Some sixteen exceptions were filed to the report by three land owners through whose land the proposed road is laid out. They embrace only four grounds which require notice.

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Certiorari, No. 295, Jan. T. 1889, to Q. S. Berks Co., to review an order dismissing exceptions to the report of re-reviewers on a road in Bern and Penn Townships, at Jan. Sessions, 1886, No. 1. Green and Clark, JJ., absent. The facts appear in the opinion of the court below, by Hagenman, P. J: “ Some sixteen exceptions were filed to the report by three land owners through whose land the proposed road is laid out. They embrace only four grounds which require notice. “ 1. A variance in the beginning and ending of the road as laid out by the re-review as set forth in the original petition. “The…

1Opinion of the Court

Per Curiam,

The first assignment of error is not sustained by the record. The report of the re-reviewers locates the road, as to its termini, substantially in the language of the *109order. As we cannot look outside of the record, upon a writ of certiorari, a large amount of extraneous matter might well have been omitted from the paper-book of plaintiff in error. Most of the other assignments are to matters dehors the record, and cannot be considered.

The taking of the bond referred to in the fifth assignment is certainly an unusual proceeding, but we are at a loss to see how any one can be injured…

2Cited by1 opinion

  1. East Whiteland Township RoadSuperior Court of Pennsylvania · 1906

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