Road in Roaring Brook Township
Supreme Court of Pennsylvania
APPEALS BY JACOB WESSER ET AL. EROM THE COURT OE QUARTER SESSIONS OE LACKAWANNA COUNTY. Nos. 137 July Term 1890, 308 January Term 1891, Sup. Ct.; court below, No. 1 October Term 1886, Q. S. On June 28, 1886, a petition for tbe appointment of viewers to lay out a public road in Roaring Brook township was filed in the court below, and viewers were appointed thereon who reported in favor of opening a road laid out by them.
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APPEALS BY JACOB WESSER ET AL. EROM THE COURT OE QUARTER SESSIONS OE LACKAWANNA COUNTY. Nos. 137 July Term 1890, 308 January Term 1891, Sup. Ct.; court below, No. 1 October Term 1886, Q. S. On June 28, 1886, a petition for tbe appointment of viewers to lay out a public road in Roaring Brook township was filed in the court below, and viewers were appointed thereon who reported in favor of opening a road laid out by them. After the usual proceedings, the report was confirmed absolutely on January 24, 1887 ; and, on June 24, 1889, an order to the supervisors of the township, directing the…
1Opinion of the Court
No. 137.
Per Curiam :
The report of viewers was confirmed absolutely January 24, 1887. The certiorari, having been taken out more than two years thereafter, must be quashed: Act of April 1,1874, P. L. 50; Salem Tp. Road, 103 Pa. 250.
Writ quashed.
no. 308.
Opinion, Mr. Chief Justice Paxson:
This case is entitled an appeal, and has been argued as such. It is not, however, for no appeal lies in such a case. It is a certiorari, and brings up nothing but the record. We must examine it by what appears therein.
The appellants are the supervisors off Roaring Brook township, and were ordered by the court…
2Cases cited2 opinions
- In re Road in Salem TownshipSupreme Court of Pennsylvania · 1883
- Edge v. CommonwealthSupreme Court of Pennsylvania · 1847
3Cited by7 opinions
- Commonwealth v. New Bethlehem BoroughSuperior Court of Pennsylvania · 1900
- Swartz v. BibenSuperior Court of Pennsylvania · 1925
- Hamilton StreetSupreme Court of Pennsylvania · 1892
- Hector Township RoadSuperior Court of Pennsylvania · 1902
- Com. ex rel. Ballou v. Halifax Township Supervisors, Pennsylvania Court of Common Pleas, Dauphin County1926
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