Appleby Manor Road
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Armstrong county. The Allegheny Yalley Railroad Company, by their solicitors, petitioned the Quarter Sessions on the 19th of September, 1853, for the appointment of viewers to view, vacate, and supply so much of the public road leading from Kittanning to the Riskiminetas river as lies between Kittanning and Appleby Manor. Same day viewers were appointed and ordered to report to the present sessions.
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Certiorari to the Court of Quarter Sessions of Armstrong county. The Allegheny Yalley Railroad Company, by their solicitors, petitioned the Quarter Sessions on the 19th of September, 1853, for the appointment of viewers to view, vacate, and supply so much of the public road leading from Kittanning to the Riskiminetas river as lies between Kittanning and Appleby Manor. Same day viewers were appointed and ordered to report to the present sessions. Eour days afterwards, viz., September 23d, they reported to the current term of the court then in session, and next day report was confirmed nisi. By…
1Opinion of the Court
The opinion of the court was delivered
by Lewis, C. J.
— ;The proceedings of the court in appointing the viewers, receiving their report, and entering a confirmation nisi, at the same term that the petition was presented, are altogether illegal. The confirmation nisi was entered the next day after the report, and within five days after the first application for the road. They gave no opportunity for a hearing before the viewers, such as the law contemplates.
As the laying out of a public road is a matter in which the whole community are interested, the application of Benjamin Fry cannot cure the…
2Cited by3 opinions
- Schuylkill County's AppealSupreme Court of Pennsylvania · 1879
- Schuylkill County's AppealSupreme Court of Pennsylvania · 1879
- Schuylkill County's AppealSupreme Court of Pennsylvania · 1879