In re Vacation of Osage Street
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Northampton county: Of January Term 1879, No. 210. On June 3d'1878, certain inhabitants of the borough of South Bethlehem petitioned the court to vacate a certain road. Viewers were appointed, who reported that the road should be vacated. It was agreed that the road vacated was a street dedicated to public use, and an adopted street of the borough of South Bethlehem, and known as Osage street.
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Certiorari to the Court of Quarter Sessions of Northampton county: Of January Term 1879, No. 210. On June 3d'1878, certain inhabitants of the borough of South Bethlehem petitioned the court to vacate a certain road. Viewers were appointed, who reported that the road should be vacated. It was agreed that the road vacated was a street dedicated to public use, and an adopted street of the borough of South Bethlehem, and known as Osage street. To the report of the viewers the following exceptions were filed: 1. This court has no jurisdiction to vacate streets in. an incorporated borough, and this…
1Opinion of the CourtJustice Woodward
For the purposes of this litigation, the two material facts out of which the controverted legal point arose, were agreed upon by counsel in the court below. Osage street was dedicated to the use-of the public by Charles Hacker, by deed executed on the 21st of November 1864, and duly recorded, and was adopted as one of the streets of South Bethlehem, by a resolution of the town council, on the 20th of September 1875. On the 3d of June 1878, a petition to vacate the street was presented to the Court of Quarter Sessions. Viewers were appointed, who reported in favor of the vacation prayed for,…
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