Legal Opinion

Hellertown Road

Supreme Court of Pennsylvania

Decided March 15, 1843PublishedCited by 5 opinions

THIS was a certiorari to the Court of Quarter Sessions of Northampton county, in the matter of the road leading from the Hellertown Road at Thomas Richards’ lane to the new road leading from South Easton to Freeman’s Bridge in Williams township.

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THIS was a certiorari to the Court of Quarter Sessions of Northampton county, in the matter of the road leading from the Hellertown Road at Thomas Richards’ lane to the new road leading from South Easton to Freeman’s Bridge in Williams township. At January sessions 1839, the petition of sundry inhabitants of Williams township was presented, setting forth that they laboured under great inconvenience for want of a road or highway, “ to lead from the old road leading from Easton to Hellertown at Thomas Richards’ lane, and to end at or where it intersects the new road leading from South Easton to…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The objection, that there was no petition on which to found the alias re-review, is fatal. A review is a matter of right, and is had at the expense of the county; but when a re-review is had, it is at the expense of the petitioner; and hence the necessity of a petitioner, in order that the court may know on whom to throw the costs. That the costs have been paid, is no answer, for the court only has jurisdiction on petition. The 25th section of the Act of 16th June 1836, directs that in all cases of *204views for any purpose mentioned in the Act,…

2Cases cited1 opinion

  1. Allentown RoadSupreme Court of Pennsylvania · 1840

3Cited by5 opinions

  1. Road in Lower MerionSupreme Court of Pennsylvania · 1868
  2. Case of Spear's RoadSupreme Court of Pennsylvania · 1811
  3. In re Public Road in the Borough of MinersvilleSchuylkill County Court of Quarter Sessions · 1872
  4. Road in Upper Yoder TownshipSupreme Court of Pennsylvania · 1889
  5. Seiple's Private RoadYork County Court of Quarter Sessions · 1926

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