Legal Opinion

Case of the Division of Macungie Township

Supreme Court of Pennsylvania

Decided April 10, 1826PublishedCited by 2 opinions

CERTIORARI. The proceedings in this case were brought before this court by a certiorari, directed to the Court'of Quarter Sessions oí Lehigh county.

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CERTIORARI. The proceedings in this case were brought before this court by a certiorari, directed to the Court'of Quarter Sessions oí Lehigh county. By them it appeared, that a petition was presented by sundry inhabitants of Macungie township, setting forth.that the township was too large, and praying the court “ to appoint three impartial men, to make a plot or draught of the said township, and of the division line proposed to be made therein,.agreeably to the provisions of the act of assembly in such case made and provided.” And thereupon the court made an order, appointing three impartial…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

The objection to these proceedings is, that it does not appear that the men appointed by the court made any inquiry into the expediency of granting the prayer of the petition. On the contrary they seem to have taken for granted, as they well might, from the words of the order of the court, that their duty was to make a division without any previous inquiry; so that all they had to do, was to make the most convenient division; and I understand the concluding words of this report, li and this is our opinion,” to mean no more, than that the…

2Cited by2 opinions

  1. Case of Maccungie TownshipSupreme Court of Pennsylvania · 1832
  2. In re Harrison TownshipSupreme Court of Pennsylvania · 1846

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