Road Commissioners v. Fickinger
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of JErie county. In the court below this was a certiorari to a justice of the peace to remove certain proceedings against the plaintiffs in error, who were the defendants below. « Ey an Act of Assembly of March 26th 1846, it is enacted that if any person shall feel aggrieved by a road laid out or altered by the commissioners, he may complain to a justice of the peace, and if the justice shall think there is good cause of complaint, he…
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Certiorari to the Court of Common Pleas of JErie county. In the court below this was a certiorari to a justice of the peace to remove certain proceedings against the plaintiffs in error, who were the defendants below. « Ey an Act of Assembly of March 26th 1846, it is enacted that if any person shall feel aggrieved by a road laid out or altered by the commissioners, he may complain to a justice of the peace, and if the justice shall think there is good cause of complaint, he shall summon the commissioners to appear before him in not more than eight days nor less than four from the date of the…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— We are of opinion that the certiorari from the Court of Common Pleas to the magistrate was rightly sued out by Willis in the name of the road commissioners. As an owner of the land through which the proposed road passes, and consequently as a tax-payer of the township, he was interested in the judgment obtained against them. They were by law in a certain sense his agents. He was bound by the judgment, and aggrieved by it. It could have been pleaded against him as an estoppel, conclusively establishing all that was adjudicated by it. We do…
2Cited by9 opinions
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- Holly v. TravisSupreme Court of Pennsylvania · 1920
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