In re Road in the Borough of Phoenixville
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Chester county: Of January Term, 1883, No. 324. This was in the court below, a petition by the Burgess and Town Council of the Borough of Phoenixville, in Chester county, for the appointment of a Jury of View to lay out and open a new street or road within the said borough and to vacate a portion of an old street, which would thereupon become useless.
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Certiorari to the Court of Quarter Sessions of Chester county: Of January Term, 1883, No. 324. This was in the court below, a petition by the Burgess and Town Council of the Borough of Phoenixville, in Chester county, for the appointment of a Jury of View to lay out and open a new street or road within the said borough and to vacate a portion of an old street, which would thereupon become useless. The proceeding was instituted under the provisions of the special Act of March 18th, 1868 (P. L. 352), which reads as follows:— “An Act Relating to Boroughs in the County of Chester.” “Sec. 1. Be it…
1Opinion of the Court
Air. Justice Sterrett
delivered the opinion of the court,
It is conceded the validity of the proceedings in the Court of Quarter Sessions depends on the constitutionality of the Act, entitled “An Act relating to Boroughs in the county of Chester,” approved March 18th, 1868; P. L. 352. If tile Act is constitutional the order complained of should be affirmed ; if not, the entire proceedings are erroneous and must be set aside.
The Act in question consists of a single section, repealing the Act of April 22d, 1856, entitled “A supplement to the Act regulating Boroughs, approved April 3d, 1851,” and…
2Cited by48 opinions
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- Provident Life & Trust Co. v. HammondSupreme Court of Pennsylvania · 1911
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