In re Opening of Twenty-eighth Street
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia county: Of'July Term 1882, No. 29. . The record showed the following proceedings :— Petition for the appointment of a jury of view, to view and report upon the necessity of opening Twenty-eighth street from Peed street to the north line of what was Passyunk road, according to the old city plans. A jury of view was appointed in pursuance of the prayer of the petition.
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Certiorari to the Court of Quarter Sessions of Philadelphia county: Of'July Term 1882, No. 29. . The record showed the following proceedings :— Petition for the appointment of a jury of view, to view and report upon the necessity of opening Twenty-eighth street from Peed street to the north line of what was Passyunk road, according to the old city plans. A jury of view was appointed in pursuance of the prayer of the petition. The city solicitor, on behalf of the city, obtained a rule to show cause why the appointment of the jury should not be set aside, the petition be dismissed, and the…
1Opinion of the CourtJustice Trunkey
No question arises whether any local statute relative to opening streets, enacted prior to the Act consolidating the city of Philadelphia, is still in force, for it is conceded in the assignments of error that there is no special or local Act providing for the opening of streets in the district where the street described in the petition- is located. The sole inquiry has reference to the jurisdiction of the court.
In the argument for the plaintiff in error it was said that “until the passage of the Act of April 21st 1855, the jurisdiction of the court of quarter sessions as to the opening of…
2Cited by4 opinions
- Wetherill v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1900
- In re Opening of ParkwaySupreme Court of Pennsylvania · 1915
- In the Opening of Magnolia AvenueSupreme Court of Pennsylvania · 1887
- Opening of Troubat AvenueSuperior Court of Pennsylvania · 1899