Legal Opinion

In re a Road in Plymouth Township

Supreme Court of Pennsylvania

Decided February 14, 1835PublishedCited by 5 opinions

This was a certiorari to the quarter Sessions of Montgomery county to remove the proceedings in the case of a road from the Mill-road to the Watson’s ford-road. There had been a review altering the road as laid out by the first jury — and afterwards a re-review under the proceedings in which a report was made in favour of the road as laid out by the first jury. Exceptions were taken to the report, which were overruled by the court, and the report confirmed.

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This was a certiorari to the quarter Sessions of Montgomery county to remove the proceedings in the case of a road from the Mill-road to the Watson’s ford-road. There had been a review altering the road as laid out by the first jury — and afterwards a re-review under the proceedings in which a report was made in favour of the road as laid out by the first jury. Exceptions were taken to the report, which were overruled by the court, and the report confirmed. It appeared that the jury had dined at the house of John Davis, one of the petitioners, on the day of the re-review; and were entertained…

1Per curiam

The expenses of a re-review are borne by the parties at whose instance it was awarded; and we know of no reason why a petitioner should not entertain the viewers at his own house instead of a tavern. Were this objection to prevail, few proceedings of the sort would stand a test so severe. An abuse in this particular might possibly give room for interference; but nothing of the sort appears in the evidence, and at all events, the court below was fully competent to determine the fact. .

Order of the sessions affirmed.

2Cited by5 opinions

  1. Hibernian Benevolent Society v. KellyOregon Supreme Court · 1895
  2. Lawson's EstateSupreme Court of Pennsylvania · 1919
  3. Mason v. PerrySupreme Court of Rhode Island · 1901
  4. Sharp's EstateSuperior Court of Pennsylvania · 1919
  5. In re Public Road in the Borough of MinersvilleSchuylkill County Court of Quarter Sessions · 1872

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