In re Public Road
Superior Court of Pennsylvania
Appeal, No. 51, April T., 1897, by Elizabeth Jackman, from order of Q. S. Allegheny Co., Sept. Sess., 1894, No. 11, dismissing the report of the reviewers and confirming the report of the viewers absolutely. Exceptions to report of viewers for a proposed road. Before the judges of C. P. No. 2, Allegheny county on service in the court of Q. S. The petition for the appointment of viewers was filed November 24, 1894 and viewers appointed.
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Appeal, No. 51, April T., 1897, by Elizabeth Jackman, from order of Q. S. Allegheny Co., Sept. Sess., 1894, No. 11, dismissing the report of the reviewers and confirming the report of the viewers absolutely. Exceptions to report of viewers for a proposed road. Before the judges of C. P. No. 2, Allegheny county on service in the court of Q. S. The petition for the appointment of viewers was filed November 24, 1894 and viewers appointed. On December 3, 1894, the time for viewers to report extended to the next term, March, 1895. On March 9,1895, time for signing the report extended to March 16,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The third section of the road law of June 13,1836, P. L. 551, requires viewers to report 'at the next term after their appointment. But the power of the court, in the exercise of a sound discretion, to extend the time for viewing and reporting by a continuance of the order until the next succeeding term has been too long recognized to be questioned. The extension or continuance of the order must be made during the term at which it was originally returnable, but we can find no authority for the proposition that it cannot be made if there has not been a partial execution…
2Cases cited12 opinions
- In re Road in Salem TownshipSupreme Court of Pennsylvania · 1883
- Baldwin & Snowden RoadSupreme Court of Pennsylvania · 1857
- In re Road in McCandless TownshipSupreme Court of Pennsylvania · 1885
- Ohio & Ross Township RoadSupreme Court of Pennsylvania · 1895
- Frankstown Township RoadSupreme Court of Pennsylvania · 1856
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3Cited by3 opinions
- Sewickley Township RoadSuperior Court of Pennsylvania · 1904
- In re Road in Hampton TownshipSuperior Court of Pennsylvania · 1919
- Harmer Township RoadSuperior Court of Pennsylvania · 1909