Legal Opinion

Stowe Township Division

Superior Court of Pennsylvania

Decided October 5, 1903No. Appeal, No. 99PublishedCited by 5 opinions

Appeal, No. 99, April T., 1903, by Robert JET. Clever, from order of Q. S. Allegheny Co., Dec. T., 1900, No. 11, dividing a township in ease of Division of Stowe Township. Petition for division of Stowe township. From the record it appeared that on January 11, 1901, certain of the inhabitants of Stowe township, a township of the first class, petitioned for its division. Commissioners were appointed who reported in favor of the division.

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Appeal, No. 99, April T., 1903, by Robert JET. Clever, from order of Q. S. Allegheny Co., Dec. T., 1900, No. 11, dividing a township in ease of Division of Stowe Township. Petition for division of Stowe township. From the record it appeared that on January 11, 1901, certain of the inhabitants of Stowe township, a township of the first class, petitioned for its division. Commissioners were appointed who reported in favor of the division. Exceptions to the report of the commissioners were dismissed by the court. Robert F. Clever took an appeal, filing assignments of error as follows : 1. The…

1Opinion of the Court

Opinion by

Rice, P. J.,

The act of 1834 relative to the division of townships is silent as to notice, but it has been authoritatively determined that the inhabitants have a natural right to a hearing before the commissioners, and, therefore, it is the duty of the commissioners to give notice: Bethel Township, 1 Pa. 97; Norwegian Township, 20 Pa. 324; Independent School District, in Sewickley Township, 33 Pa. 297. Nor does the act expressly require the commissioners to view the proposed division line, but they are required to return a plot or draft of the township proposed to be divided and the…

2Cases cited5 opinions

  1. Dempster v. United Traction Co.Supreme Court of Pennsylvania · 1903
  2. Norwegian TownshipSupreme Court of Pennsylvania · 1853
  3. Case of Green TownshipSupreme Court of Pennsylvania · 1845
  4. In re the Division of Bethel TownshipSupreme Court of Pennsylvania · 1845
  5. Independent School District No. 8Supreme Court of Pennsylvania · 1858

3Cited by5 opinions

  1. Herrington's PetitionSupreme Court of Pennsylvania · 1920
  2. Lower Merion Township v. Postal Telegraph Cable Co.Superior Court of Pennsylvania · 1904
  3. Haverford Township v. WilfongSuperior Court of Pennsylvania · 1915
  4. East Pennsboro Township Boundary LineCumberland County Court of Quarter Sessions · 1958
  5. White Independent School DistrictSuperior Court of Pennsylvania · 1906

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