In re Road in Upper Dublin & Whitemarsh Townships
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Montgomery county: Of July Term 1879, No. 72. A petition was presented to the court for the appointment of a jury to view and lay out a road in Whitemarsh and Upper Dublin townships, Montgomery county, over lands, inter alia, then of Henry Bissinger, now of Joseph Nash. This was followed by the appointment of jurors and a report in favor of the road. Before this jury, Henry Bissinger, as landowner, released his claim to damages.
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Certiorari to the Court of Quarter Sessions of Montgomery county: Of July Term 1879, No. 72. A petition was presented to the court for the appointment of a jury to view and lay out a road in Whitemarsh and Upper Dublin townships, Montgomery county, over lands, inter alia, then of Henry Bissinger, now of Joseph Nash. This was followed by the appointment of jurors and a report in favor of the road. Before this jury, Henry Bissinger, as landowner, released his claim to damages. Joseph Nash then held a purchase-money mortgage against said premises for over $10,000, on which he was about to…
1Opinion of the Court
The judgment of the Supreme Court was entered
2Per curiam
The opinion of the court below is no part of the record, which is all that is before us on this certiorari. Joseph Nash might, perhaps, have brought his case on the record by a petition with the necessary averments; but as it stands, we cannot take cognisance of the questions which he has attempted to raise by his assignments of error.
Proceedings affirmed.
Counsel for appellant subsequently moved for a reargument, setting forth, in substance, the following reasons: That on the argument of this case, the case of Powell v. Whitaker, 7 Norris 445, had…
3Cited by2 opinions
- Knoll v. N. Y. etc. Ry. Co.Supreme Court of Pennsylvania · 1888
- Private Road of A. J. RocheSuperior Court of Pennsylvania · 1899