Butler E. & F. Co. v. Butler Borough

Citations

• 238 Pa. 180
• 85 A. 1112
• 1913 Pa. LEXIS 943

Syllabus

<p>Road law — Juries of view — Appeals—Affidavits to appeal— Waiver.</p> <p>1. The provision of the Act of June 13, 1874, P. L. 283, conferring the right of appeal from award of viewers, providing “Any appeal taken pursuant to this act, shall be signed by the party or parties taking the same, or by his or their agent or attorney, and shall be accompanied by an affidavit of the party appellant, or his or their agent or attorney, that the same is not taken for the purpose of delay, but because affiant firmly believes that injustice has been done,” is more than merely directory, and strict compliance with its terms is a condition essential to the jurisdiction of the court to hear the appeal.</p> <p>2. An appeal by á borough from the award of viewers appointed to assess the cost and expense of certain street improvements and the damages and benefits upon the borough and the owners of abutting property, is properly quashed where the affidavit filed in support of the appeal avers nothing beyond the fact that the statement set out in the paper filed was correct and true.</p> <p>3. Appearance through counsel under an issue framed by the court upon such an appeal does not constitute a waiver of the right to take advantage of the failure on the part of the appealing party to file the required affidavit.</p>