In re Bond of Equitable Gas Co.

Citations

• 72 Pa. Super. 371
• 1919 Pa. Super. LEXIS 318

Syllabus

<p>Natural gas companies — Eminent domain — Bonds — Appeals— Gertiorari.</p> <p>As no appeal lies from an order of the court approving or refusing its approval of a bond given by a natural gas company in condemnation proceedings, the only remedy available, to one considering himself aggrieved is the common law right of certiorari. If the proceedings in such case, are regular in form the order of the lower court will he sustained.</p> <p>Eminent domain — Bonds—Sufficiency.</p> <p>Under the provisions of the Act of June 26, 1885, P. L. 181, a surety company, duly authorized to do business in Pennsylvania, may become a sole surety in cases, where by law, one or more sureties may he required.</p> <p>When the common, seal of a corporation appears to be affixed to an instrument, and the signatures of the proper officers are proved, the courts are to presume that the officers did not exceed their authority, and the seal itself is prima facie evidence that it was affixed by the proper authority.</p> <p>Where a bond has been properly sealed and signed, and a court has taken judicial notice of its own records, that the bonding company has complied with all the requirements of the laws of the Commonwealth, in respect to the regulation of surety companies, the appellate court will not set aside its action, in approving the bond.</p>