In re Opening of Twenty-second Street
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Philadelphia county : Of July Term 1882, No. 36. The record showed the following: — Upon a petition of twenty citizens of Philadelphia the Court of Quarter Sessions appointed a jury of view to report on the question of opening Twenty-second street, between Islington lane and Lamb Tavern road, in the city of Philadelphia.
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Certiorari to the Court of Quarter Sessions of Philadelphia county : Of July Term 1882, No. 36. The record showed the following: — Upon a petition of twenty citizens of Philadelphia the Court of Quarter Sessions appointed a jury of view to report on the question of opening Twenty-second street, between Islington lane and Lamb Tavern road, in the city of Philadelphia. Said street was already opened north and south of the points named, and had been originally, in 1839, laid out on the plans of Penn township (now in the city of Philadelphia) as a street, over the intervening land through which…
1Opinion of the CourtJustice Paxson
The assignments of error' which involve the jurisdiction of the Court of Quarter Sessions to open streets laid out upon the confirmed plans of the city of Philadelphia, and also the regularity of the proceedings of the court below, were waived upon the argument and are not before us for decision. As the effect of a reversal upon these points would be to refer the opening of Twenty-second street to the city councils, the petitioners, who are the plaintiffs in error, prefer that we should pass upon the main question.
This involves the constitutionality of the Act of April 8th 1881 (P. L. 68), by…
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