McAlpine Street

Citations

• 40 Pa. Super. 268
• 1909 Pa. Super. LEXIS 602

Syllabus

<p>Road laxo — Appeals—Borough—Power of borough attorney■ — Practice, C. P.</p> <p>Where an attorney at law signing himself as an attorney for a borough, files a prtecipe in which he directs the jjrothonotary to enter an appeal from an award of road viewers, on the part of the borough, the paper may be regarded as an appeal by the borough, if no question is raised as to the attorney’s authority; but if a property owner files a petition for a rule to strike off the appeal and specifically alleges therein that the attorney had no authority to appeal on behalf of the borough, and such an averment is not denied by an answer to the petition, the court will take the averment as true and will make absolute the rule to strike off the appeal.</p>