Legal Opinion

In re Road in the Borough of Phoenixville

Supreme Court of Pennsylvania

Decided March 2, 1885No. 324PublishedCited by 48 opinions

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

  1. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  2. Commonwealth v. DepofiSupreme Court of Pennsylvania · 1949
  3. Philadelphia v. Ridge Ave. Ry. Co., Pennsylvania Court of Common Pleas, Philadelphia County1891
  4. Poor District Case (No. 1)Supreme Court of Pennsylvania · 1938
  5. Provident Life & Trust Co. v. HammondSupreme Court of Pennsylvania · 1911

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