In re Private Road

Citations

• 13 Pa. Super. 227
• 1900 Pa. Super. LEXIS 137

Syllabus

<p>Boad law — Viewers—Buies of court — Private road.</p> <p>An objection by an owner of land, over which viewers have laid out a private road, ‘ ‘ that in violation of arule of court which provides ‘ five days’ notice of the intended application for the appointment of viewers .... in the case of a private road shall be given to the owner of the land,’ he did not receive the requisite five days’ notice,” must be made promptly after he has knowledge of the proceedings. A delay in making the objection until the report of the jury is filed may be regarded as a waiver of the provision of the rule.</p> <p>Certiorari — Practice—Pleading.</p> <p>The certiorari in such cases brings up for review only the record, of which the evidence forms no part, and whether or not an interested party received requisite notice of the proceedings in the court below is a question of fact which the appellate court will presume has been determined by the inferior tribunal.</p>