Road in Little Britain
Supreme Court of Pennsylvania
Certiorari to tbe Quarter Sessions of Lancaster county. This was a proceeding to view and lay out a road. The viewers were appointed at April sessions on the petition of citizens of Little Britain township. During the same sessions, the court, on motion of the attorney for the petitioners and affidavit filed, substituted another for one of the viewers previously appointed.
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Certiorari to tbe Quarter Sessions of Lancaster county. This was a proceeding to view and lay out a road. The viewers were appointed at April sessions on the petition of citizens of Little Britain township. During the same sessions, the court, on motion of the attorney for the petitioners and affidavit filed, substituted another for one of the viewers previously appointed. On the 31st July the report of the viewers was filed, laying out the road prayed for byv certain courses and distances. This report stated that five of the viewers who are named appeared and were “ sworn, and viewed the…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
1. When the Court of Quarter Sessions have appointed a full set of road viewers, one or more of the number may be stricken off and others substituted. We presume it was done *71in this case for good reasons. It was not necessary to give notice that it would be done.
2. The report of the viewers says that five of them examined the road. The record is therefore regular on its face, and shows every fact that is necessary. The deposition which is said to contradict this is not on record, and we can take no notice of it.
3. A rule of court prescribing…
2Cited by4 opinions
- Commonwealth v. JesterSupreme Court of Pennsylvania · 1917
- Standard Underground Cable Co. v. Johnstown Telephone Co.Superior Court of Pennsylvania · 1904
- In re Road in Hampton TownshipSuperior Court of Pennsylvania · 1919
- Megargee v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1932