Legal Opinion

Road in Benzinger Township

Supreme Court of Pennsylvania

Decided May 19, 1890No. 26PublishedCited by 4 opinions

APPEAL BY N. KRONENWETTER ET AL. FROM THE COURT OF QUARTER SESSIONS OF ELK COUNTY. No. 26 January Term 1890, Sup. Ct.; court below, No. 1 May Term 1885, Q. S. On September 15, 1884, certain inhabitants of Benzinger township petitioned the court below for the appointment of viewers to lay out a public road between certain points in said township.

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APPEAL BY N. KRONENWETTER ET AL. FROM THE COURT OF QUARTER SESSIONS OF ELK COUNTY. No. 26 January Term 1890, Sup. Ct.; court below, No. 1 May Term 1885, Q. S. On September 15, 1884, certain inhabitants of Benzinger township petitioned the court below for the appointment of viewers to lay out a public road between certain points in said township. Viewers were appointed accordingly, who in due course made a report in favor of laying out a road, and the court on November 19,1884, entered this order: “ Report confirmed nisi and road ordered to be opened 50 feet wide.” On January 26, 1885,…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson:

The only assignment of error is, that “ the court erred in making the order of June 1, 1888, without the award of a procedendo by the Supreme Court.” The assignment does not set out the order of June 1st, and in this it is defective. It is, however, printed upon the same page of the paper-book, and is as follows: “Exceptions to the confirmation overruled, and report of viewers confirmed absolute.” It will thus be seen that no objection appears to this order save the single fact that it was made in tbe absence of a procedendo from this court.

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2Cases cited1 opinion

  1. In re Public RoadSupreme Court of Pennsylvania · 1887

3Cited by4 opinions

  1. State v. HoughtonOregon Supreme Court · 1904
  2. Courtney v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1907
  3. Steinman v. United StatesCourt of Appeals for the Third Circuit · 1911
  4. Christner's PetitionSomerset County Court of Quarter Sessions · 1923

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