In re Road in Plumcreek Township
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Armstrong county: Of October and November Term 1885, No. 140. This was, in the court below, a petition by A. W. Montgomery for a private road in Plumcreek township from coal mines on his land to a point on the Indiana Pike, partly over and partly under the surface lands of James Armstrong.
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Certiorari to the Court of Quarter Sessions of Armstrong county: Of October and November Term 1885, No. 140. This was, in the court below, a petition by A. W. Montgomery for a private road in Plumcreek township from coal mines on his land to a point on the Indiana Pike, partly over and partly under the surface lands of James Armstrong. The record showed, inter alia, the following: The petition was filed December 21st, 1883, and on the same day the court appointed three viewers who filed their report, March 3d, 1884, which was indorsed by the court on that day, “approved nisi and road ordered…
1Opinion of the CourtJustice Gordon
The Act of 1836 requires the appointment of six viewers for the laying out of all roads whether, public or private, and as long as the first section of this Statute applied to Armstrong county,'a compliance with its requisition was necessary in order to the validity of the proceedings. Let us then suppose that the legislature, instead of localizing'the Act of 1860, which substitutes three viewers for the six required by the *547Act of 1836, liad passed it as an amendment thereto ; it would, in that event, have been clear that the provision for six viewers would be repealed, and instead thereof…
2Cited by16 opinions
- In Re Opening a Private Road for the Benefit of O'ReillySupreme Court of Pennsylvania · 2010
- Little AppealSuperior Court of Pennsylvania · 1956
- Graff v. ScanlanCommonwealth Court of Pennsylvania · 1996
- Jamison v. Cumberland CountySuperior Court of Pennsylvania · 1911
- Lobdell v. LeichtenbergerSuperior Court of Pennsylvania · 1995
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