Huntingdon County Line

Citations

• 14 Pa. Super. 571
• 1900 Pa. Super. LEXIS 86

Syllabus

<p>County line — Duty of commissioners.</p> <p>The duty of commissioners appointed under the Act of April 17, 1876, P. L. 42, as amended by the Act of May 28, 1895, P. L. 97, is to designate, survey and mark the boundary line between counties, as established by law; they have no discretionary power to establish a new line.</p> <p>County line commission — Binding force of decision by court of one county.</p> <p>The approval of the report of county line commissioners by the quarter sessions of one county is not such conclusive adjudication of the questions' of law and of fact as precludes the court of the other county from inquiring into them and refusing its approval.</p> <p>Jurisdiction, Superior Court — Certiorari on appeal.</p> <p>No appeal, using that term in the sense applied to it prior to the Act of May 9, 1889, P. L. 158, lies from the order of the court of quarter sessions approving or refusing to approve the report, and no mode has been provided by law for bringing on the record the evidence received and considered by the court upon the hearing of exceptions to the report. The jurisdiction of the Superior Court is simply that which the Supreme Court had on certiorari and is restricted to a review of the record proper. It follows that the determination by the quarter sessions of disputed questions of fact raised by the exceptions and depending on evidence outside the record is not the proper subject of an assignment of error.</p> <p>Change of venue — Local prejudice — Interest of associate judges.</p> <p>When it does not appear that the associated judges had any other or greater interest in the event of a cause than as taxpayers of the county they are not disqualified to sit in the cause; and where no greater local interest or prejudice exists than is ordinarily incident to a county line commission and which was reasonably to be anticipated when the acts of 1876 and 1895 were passed, the court is not bound to change the venue.</p>