Legal Opinion

Commonwealth v. M'Allister

Supreme Court of Pennsylvania

Decided May 15, 1834PublishedCited by 13 opinions

CERTIORARI to the quarter sessions of Dauphin county. There were applications by thirteen individuals for the appointment of viewers in each case, to assess damage done to each of their lands, by reason of the construction of the Pennsylvania Canal. A report was made in all the cases against the commonwealth, who filed exceptions thereto, which were overruled by the court below, and the records were then removed into this court by certiorari.

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CERTIORARI to the quarter sessions of Dauphin county. There were applications by thirteen individuals for the appointment of viewers in each case, to assess damage done to each of their lands, by reason of the construction of the Pennsylvania Canal. A report was made in all the cases against the commonwealth, who filed exceptions thereto, which were overruled by the court below, and the records were then removed into this court by certiorari. The exceptions taken and argued are accurately stated by his honour, who delivered the opinion of the court.

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The proceedings in these cases are founded upon *191two acts of assembly; and have been removed from the court of quarter sessions of Dauphin county into this court, by writs of certiorari sued out at the instance of the commonwealth. The first of these acts was passed the 25th of February 1826, Pamphlet Laws 55, entitled “an act to provide for the commencement of a canal to be constructed at the expense of the state, and to be styled ‘the Pennsylvania Canal;’” and the second on the 9th of April 1827, Pamphlet Laios 192, entitled “ an act to…

2Cited by13 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Water Works Co. v. BurkhartIndiana Supreme Court · 1872
  3. Pennsylvania Canal Co. v. HarrisSupreme Court of Pennsylvania · 1882
  4. Grugan v. PhiladelphiaSupreme Court of Pennsylvania · 1893
  5. Haldeman v. Pennsylvania Central RailroadSupreme Court of Pennsylvania · 1865

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