In the Case of a Road in Radnor & Newtown
Supreme Court of Pennsylvania
r 1 'HIS was a certiorari to Delaware county, to bring up ^ ^ Proceed‘ngs relative to a road laid out in the townships of Newtown and Radnor. A variety of exceptions were taken and argued, by Frazer in support of the certiorari, and B. Tilghman for the road; a material one was, that Maskell Ewing, who was one of the petitioners for the road, was appointed and acted as a reviewer.
1Per curiam
Many objections have been made to the proceedings in this case, but we shall confine our opinion to one, namely, that Mr. Ewing, one of the petitioners, was appointed a reviewer, and signed the report which was confirmed by the Court. We make no doubt but this appointment was merely accidental. The Court did not happen to have the names of the petitioners before them, when they appointed the reviewers. But it was an irregularity which *613cannot be overlooked. We are of opinion that this objection is fatal., and therefore the proceedings must be quashed.
Proceedings quashed.
2Cited by4 opinions
- Epler v. NimanIndiana Supreme Court · 1854
- Ohio & Ross Township RoadSupreme Court of Pennsylvania · 1895
- In re County Bridge, Nescopeck TownshipSupreme Court of Pennsylvania · 1888
- Case of the Road from M'ClaysburgSupreme Court of Pennsylvania · 1818