Certiorari to the Sessions of Delaware County
Supreme Court of Pennsylvania
There had been four different views on this road, and four returns thereon. The sessions confirmed the third review, which did not mention the improvements through which the road passed, but fixed the breadth of the road, which was afterwards adopted by the court.
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There had been four different views on this road, and four returns thereon. The sessions confirmed the third review, which did not mention the improvements through which the road passed, but fixed the breadth of the road, which was afterwards adopted by the court. The deposition of Jonathan Dutton, proving errors in the return made by the first set of viewers, was offered in evidence, but objected to ; because the court, by their 19th rule, were not to enter into the merits of the case, but to decide on the face of the proceedings. It was urged on the other side, that the courses and…
1Opinion of the Court
By the Court.
The deposition, though taken on a cross examination, is irrelevant to the point before us, and cannot be received. It is of no moment, whether two returns agree or not. The sessions were bound to approve such return, as would conduce most to the public good, and do the least injury to private property. The breadth returned by the last set of men, is but surplusage: the court have adopted it, by their confirmation of the * 7,-| *return. It does not appear to the court that the road 3731 passes through improved lands ; and if it did, it is highly dubious, whether that part of the…
2Cited by5 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Road in North Franklin TownshipSuperior Court of Pennsylvania · 1898
- Case of Spring Garden StreetSupreme Court of Pennsylvania · 1833
- Case of a Road, from Buttonwood Lane to Green StreetSupreme Court of Pennsylvania · 1826
- In re State StreetSupreme Court of Pennsylvania · 1848