Commonwealth v. Rogers

Citations

• 59 Pa. Super. 265
• 1915 Pa. Super. LEXIS 61

Syllabus

<p>Road law — Appointment of reviewers — Supervisors—Mandamus.</p> <p>A mandanus to compel township supervisors to appoint a reviewer will not be granted where it appears that the supervisors had in fact appointed a reviewer who had all the necessary qualifications, except that he had acted as a reviewer in a previous proceeding for laying out the same proposed road; and such refusal is all the more proper where there is evidence tending to show that the petitioners for the mandamus had selected a person as a reviewer who was open to the same objection, and that they had waived the objection to the appointee of the supervisors. The question raised by such a petition may be considered in proceedings under the Act of July 2, 1901, P. L. 607.</p>