Opening of Troubat Avenue
Superior Court of Pennsylvania
Appeal, No. 160, Oct. T., 1898, by tbe city of Philadelphia, from decree of Q. S. Phila. Co., April T., 1897, Court No. 4, dismissing exceptions to the report of viewers. Opinion by Orlady, J. Exceptions to report of jury of view. Before Arnold, P. J. It appears from the record that a petition was filed, In re opening of Troubat avenue, or Ninth street, from Oak Lane to Sixty-ninth street. It was filed April 20, 1897. On June 6, 1898, there was a reappointment of a jury.
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Appeal, No. 160, Oct. T., 1898, by tbe city of Philadelphia, from decree of Q. S. Phila. Co., April T., 1897, Court No. 4, dismissing exceptions to the report of viewers. Opinion by Orlady, J. Exceptions to report of jury of view. Before Arnold, P. J. It appears from the record that a petition was filed, In re opening of Troubat avenue, or Ninth street, from Oak Lane to Sixty-ninth street. It was filed April 20, 1897. On June 6, 1898, there was a reappointment of a jury. It did not appear in the report of the road jury affirmatively that they had been resworn at the time of their…
1Opinion of the Court
Opinion by
Orlady, J.,
The principal objection urged on this appeal to prevent the confirmation of the report of viewers was not suggested in the court below, where the fact as to whether the jury of view had or had not been resworn, after their reappointment, could have been legally ascertained, and if the jurors had not been reswom according to law, the case could have been recommitted to the jury so as to have been regularly conducted, and a great delay in the proceeding would have been thus avoided; or, if the jury had been in fact reswom, the omission to so state in their report was a…
2Cases cited10 opinions
- Keller's Private RoadSupreme Court of Pennsylvania · 1893
- Knapp v. GriffinSupreme Court of Pennsylvania · 1891
- Krepps v. CarlisleSupreme Court of Pennsylvania · 1893
- Walls v. CampbellSupreme Court of Pennsylvania · 1889
- Clark v. City of PhiladelphiaSupreme Court of Pennsylvania · 1895
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3Cited by2 opinions
- Lehman v. LehmanSuperior Court of Pennsylvania · 1905
- Commonwealth v. PriceSuperior Court of Pennsylvania · 1900