Legal Opinion

Weeks v. Lippencott

Supreme Court of Pennsylvania

Decided May 10, 1862PublishedCited by 2 opinions

Error to the Common Pleas of Montgomery county. This was an action on the case, brought in the court below, July 16th 1860, by John Weeks against Barclay Lippencott. The case was this : — In 1858, John Weeks, the plaintiff, owned and still owns and occupies a house and lot in the village of Jenkintown, Montgomery county.

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Error to the Common Pleas of Montgomery county. This was an action on the case, brought in the court below, July 16th 1860, by John Weeks against Barclay Lippencott. The case was this : — In 1858, John Weeks, the plaintiff, owned and still owns and occupies a house and lot in the village of Jenkintown, Montgomery county. On the 1st day of March 1858, the Court of Quarter Sessions of that county, upon the petition of divers citizens, appointed viewers to view and lay out a road, “to lead from the York road in Jenkintown, Abington township, starting at a point nearly opposite C. F. Wilson’s…

1Opinion of the Court

The opinion of the court was delivered, May 10th 1862, by

Woodward, J.

The plaintiff had a right to oppose the laying out of the road. Two sets of viewers had respected his protestar tions against having his lot cut up for the purposes of the road, *476and it was probable that his objections would continue to be successful as long as they should continue to be urged. •

In these circumstances, why was it not lawful for the defendant, who wanted the road, to overcome the plaintiff’s objections by a promise to pay him money ? Because, it is said, such a promise is against public policy, and void.

Contrac…

2Cited by2 opinions

  1. Hudson v. WatsonSuperior Court of Pennsylvania · 1896
  2. Succession of Robert Alfred Schimek, Sr..Louisiana Court of Appeal · 2020

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