Katharine Water Co.
Citations
- 32 Pa. Super. 94
- 1906 Pa. Super. LEXIS 290
Syllabus
<p>Water companies — Condemnation—Appeals—Certiorari.</p> <p>While no appeal lies from an order refusing to approve the bond of a water company, such proceedings may be reviewed by certiorari. If the proceedings are regular in form the order of the lower court must be sustained.</p> <p>Where one water company tenders a bond in proceedings to condemn the lands of another water company, and it does not appear in the bond itself, or in the petition for its approval, or otherwise in the record, that the company has no right in law to appropriate the land and waters described therein, and the court without passing upon the question of the sufficiency of the bond, dismisses the proceedings, the order will be reversed, and the case remitted to the court below in order that it may pass upon the sufficiency of the bond.</p>
Judges: Head, Henderson, Morrison, Orlady, Porter, Rice
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