Legal Opinion

Metzler's Road

Supreme Court of Pennsylvania

Decided May 24, 1869PublishedCited by 3 opinions

May 11th 1869. Before Thompson, O. J., Bead, Agnew, Sharswood and Williams, JJ. Certiorari to the Court of Quarter Sessions of Somerset county: Of May Term 1869, No. 46. On the' 20th of March 1868 (February Sessions) on the petition of Isaac Hugus, the court appointed fí. D. Altfather, Peter R. Hillegas and Valentine Muller viewers to vacate a private road from a point near the petitioners barn to Metzler’s mill.

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May 11th 1869. Before Thompson, O. J., Bead, Agnew, Sharswood and Williams, JJ. Certiorari to the Court of Quarter Sessions of Somerset county: Of May Term 1869, No. 46. On the' 20th of March 1868 (February Sessions) on the petition of Isaac Hugus, the court appointed fí. D. Altfather, Peter R. Hillegas and Valentine Muller viewers to vacate a private road from a point near the petitioners barn to Metzler’s mill. On the 4th of May, the first day of the next term, on motion of the petitioner’s attorney, G. N. Smith was substituted in the place of Muller, who neglected to attend, and his…

1Opinion of the Court

The opinion of the court was delivered,

by Agnew, J.

On the 20th of March 1868 viewers were appointed to view and vacate a private a road, returnable to the next term commencing on the 4th day of May 1868. The order was issued to the viewers, but nothing done under it until after the meeting of the court on the return-day of the order, when, on application to the court, a substitute for one of the viewers was appointed, who with the other two went upon the ground, viewed and made report, all on the same day, after the term had commenced. No order whatever issued to the new viewer, but he and…

2Cases cited2 opinions

  1. Baldwin & Snowden RoadSupreme Court of Pennsylvania · 1857
  2. Road in Reserve TownshipSupreme Court of Pennsylvania · 1859

3Cited by3 opinions

  1. Sewickley Township RoadSuperior Court of Pennsylvania · 1904
  2. In re Public RoadSuperior Court of Pennsylvania · 1897
  3. In re Road in Conemaugh TownshipSomerset County Court of Quarter Sessions · 1933

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