Road in East and West Nantmill Townships
Supreme Court of Pennsylvania
Certiorari directed to the Court of General Quarter Sessions of the peace of Chester county, to remove all proceedings respecting a road, beginning at a road leading from John Root’s to Thomas Bull’s mill, and extending to the Conestogoe road. Mr. Frazer, in behalf of the road, moved to quash the certi-orari. It does not describe the road applied for and confirmed. *Its beginning only is set forth, which is an imperfect p description.
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Certiorari directed to the Court of General Quarter Sessions of the peace of Chester county, to remove all proceedings respecting a road, beginning at a road leading from John Root’s to Thomas Bull’s mill, and extending to the Conestogoe road. Mr. Frazer, in behalf of the road, moved to quash the certi-orari. It does not describe the road applied for and confirmed. *Its beginning only is set forth, which is an imperfect p description. It appears by the record, that the road petitioned for, begins on lands late of John Root, deceased, at the road leading from Bull’s mill, in East Nantmill, to…
1Opinion of the Court
By the Court.
Unless the proceedings have been regularly removed, we have no jurisdiction over them. If the word extending in the writ, refers to the road prayed for, it is manifestly a false description; because the road applied for, extends to the road leading from Jones’s tavern to Pawling’s ferry. But if that word should have a different relation, then at best the beginning of the road is only described. The description therefore is clearly incorrect. The beginning and ending of the road should at least be set out in the writ of removal.
Let the certiorari be quashed.
2Cited by1 opinion
- Road in Lower MerionSupreme Court of Pennsylvania · 1868