Overfield Township Road
Superior Court of Pennsylvania
Appeal, No. 64, Jan. T., 1904, from order of Q. S. Wyoming Co., Road Docket, 2, p. 348, refusing to appoint new reviewers in matter of road in Over-field township. Motion to appoint new reviewers on original petition for reviewers. The ground for the application was that one of the reviewers had failed to view the road. Dunham, P. J., filed the following opinion: In this case there have been practically three views upon the same route, all reporting in favor of a road.
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Appeal, No. 64, Jan. T., 1904, from order of Q. S. Wyoming Co., Road Docket, 2, p. 348, refusing to appoint new reviewers in matter of road in Over-field township. Motion to appoint new reviewers on original petition for reviewers. The ground for the application was that one of the reviewers had failed to view the road. Dunham, P. J., filed the following opinion: In this case there have been practically three views upon the same route, all reporting in favor of a road. Viewers reported in favor of this road and their report was never excepted to by anyone. At the sessions of the court when…
1Opinion of the Court
Opinion by
Rice, P. J.,
Under the act of 1836 a review is a matter of right, provided application therefor by a person interested be made at or before the next term of court after the report upon the first view. The granting of a rereview is discretionary. But under some circumstances a new appointment of reviewers upon the original petition for review is demandable as a matter of right if applied for promptly. Hence, where on April 14,1893, a report of reviewers was set aside on the ground that one of them was a petitioner for the review, and on the same day exceptions to the report of viewers…
2Cases cited2 opinions
- Leet Township RoadSupreme Court of Pennsylvania · 1893
- Road in Moore TownshipSupreme Court of Pennsylvania · 1851
3Cited by2 opinions
- Likar AppealSuperior Court of Pennsylvania · 1945
- Upper Yoder Township RoadSuperior Court of Pennsylvania · 1915