Legal Opinion

Kennedy Township Road

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 63PublishedCited by 8 opinions

Appeal, No. 63, April T., 1912, by Robert F. Clever, from order of Q. S. Allegheny Co., Feb. T., 1910, No. 1, dismissing exceptions to report of viewers in re Petition for Public Road in the Township of Kennedy.

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Appeal, No. 63, April T., 1912, by Robert F. Clever, from order of Q. S. Allegheny Co., Feb. T., 1910, No. 1, dismissing exceptions to report of viewers in re Petition for Public Road in the Township of Kennedy. Exceptions to report of viewers. ■ The material exceptions were as follows: 1. The petition does not give the termini of the road prayed for according to law. 6. The report of the viewers shows that J. G. Chalfant did not fulfill and perform the duties of viewer as appointed, but constituted and appointed his deputy Y. R. Covell, as viewer, who acted in his place and stead in viewing…

1Opinion of the Court

Opinion by

Rice, P. J.,

One of the exceptions considered and overruled in In re Road in Sterrett Township, 114 Pa. 627, was that the report showed that the county surveyor did not act, but that his deputy acted in his place and stead, and that by reason thereof the view and report were defective. The assignment of error to the overruling of this exception was dismissed by the Supreme Court in the following language: “The 17th specification is without merit. The act of February 24th, 1873, relating to the office of surveyor and civil engineer for the county of Allegheny, provides that the county…

2Cases cited7 opinions

  1. Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
  2. Kucker v. Sunlight Oil & Gasoline Co.Supreme Court of Pennsylvania · 1911
  3. Road in Lower MerionSupreme Court of Pennsylvania · 1868
  4. Commonwealth v. DarmskaSuperior Court of Pennsylvania · 1908
  5. In re Road in Sterrett TownshipSupreme Court of Pennsylvania · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Maginnis v. SchlottmanSuperior Court of Pennsylvania · 1921
  2. Hallman v. Montgomery County, Pennsylvania Court of Common Pleas, Montgomery County1924
  3. Beckman v. Lansberry, Pennsylvania Court of Common Pleas, Lycoming County1939
  4. East Hopewell Township RoadYork County Court of Quarter Sessions · 1931
  5. In Re the Inhabitants of Conemaugh TownshipSuperior Court of Pennsylvania · 1933

3 more not listed; retrieve them via the Exa API.

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