Case of Rutherford's Road
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Dauphin county, on the return of which Elder, for the plaintiff in error, took the following exceptions to the proceedings below. 1. That the Court of Quarter Sessions refused the appeal tendered by George Hoyer, guardian of Samuel and Mary Rutherford, minor children of Thomas Rutherford, deceased. 2. No notice was given by the parties applying for the vacating of the old road, and laying out a new one, either verbal or written, to…
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Certiorari to the Quarter Sessions of Dauphin county, on the return of which Elder, for the plaintiff in error, took the following exceptions to the proceedings below. 1. That the Court of Quarter Sessions refused the appeal tendered by George Hoyer, guardian of Samuel and Mary Rutherford, minor children of Thomas Rutherford, deceased. 2. No notice was given by the parties applying for the vacating of the old road, and laying out a new one, either verbal or written, to George Hoyer, the guardian of Samuel Rutherford and Mary Rutherford, who are minor children, and the heirs of the said Thomas…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
There is a fatal objection to the report of the viewers. The general road law requires, in laying out original roads, that the viewers shall return a plot or draught thereof, and the courses and distances and references to improvements, to the court; and in vacating roads, the court are directed to proceed by views in like manner as they are authorised to do, and is usually practised in laying out of public roads and highways. The law prescribes the mode, and in pursuance of this the order of court directed the viewers to return a plot or…
2Cases cited1 opinion
- Carkhuff v. AndersonSupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Case of a Road, from Buttonwood Lane to Green StreetSupreme Court of Pennsylvania · 1826