Kirk's Appeal
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Montgomery county. On the 22d February, 1855, upon the petition of William Homer and others, the court appointed viewers for the purpose of viewing, and if they deemed it necessary, to lay out a public road. The viewers made a report to the following April Term, laying out the road as prayed for in the petition.
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Certiorari to the Quarter Sessions of Montgomery county. On the 22d February, 1855, upon the petition of William Homer and others, the court appointed viewers for the purpose of viewing, and if they deemed it necessary, to lay out a public road. The viewers made a report to the following April Term, laying out the road as prayed for in the petition. At August Sessions a petition for review was filed, and also the following exceptions to the report of the viewers, by Tabitha Kirk. Exception 1st. The report and draft erroneously represent a part of the land over which said road is laid, as…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, O. J.
This is an appeal from the decision of the Court of Quarter Sessions, confirming the report of viewers in a road case. The objection is, that no notice was given of the meeting of the viewers. That objection was heard and disposed of in the court below. It is a question of fact which is not the subject of review here.
No bill of excéptions exists in such a case. We are therefore unable to reverse for an error in deciding upon the competency of a witness.
Proceedings affirmed.
2Cited by4 opinions
- In re Private RoadSuperior Court of Pennsylvania · 1900
- Ballingall v. KiteSuperior Court of Pennsylvania · 1909
- Quemahoning Township RoadSuperior Court of Pennsylvania · 1905
- Big Run RoadSuperior Court of Pennsylvania · 1911