Appointment of Viewers to Assess Damages to Behney Real Estate

Sheely, P. J.,

The question presented in this case is whether the appeal of the Commonwealth from the award of viewers appointed to assess damages to James E. Behney and Leila Jane Behney for the taking of their property for road purposes was filed within the time permitted by statute. The report of the viewers was filed in the court of quarter sessions on December 12, 1957, and was confirmed nisi. No exceptions were filed to the report, and on January 13, 1958, more than 30 days thereafter, the report was confirmed absolute. On January 14, 1958, the Commonwealth appealed to the court of…