Middletown Road

Citations

• 15 Pa. Super. 167
• 1900 Pa. Super. LEXIS 320

Syllabus

<p>Road lato — Improvement of county roads— Constitutional law — Act of June 26, 1896.</p> <p>The Act of June 26, 1896, P. L. 336, providing for improvement of public roads is constitutional. The title is sufficient; it does not offend article 3, section 7, by being a local or special law, nor does it offend against article 9, section 1, providing for uniformity of taxation.</p> <p>Road improvement — Act of 1895 — Alternative proceedings invalid.</p> <p>There is no warrant in the act of J une 26,1895, for a decree which leaves the particular road to be improved to be determined afterwards by the county commissioners.</p> <p>Road law — Act of 1895 — Review by Superior Court.</p> <p>The appellate court is authorized to examine the proceedings of the court of quarter sessions, in any matter specially committed to it by statute so far as to inquire and determine the extent and limits of its power and the regularity of its exercises.</p> <p>This jurisdiction is confined to an examination of the record proper for the purpose of determining whether the court below has kept within the limits of the powers conferred upon it, and has exercised them in conformity to law.</p> <p>Appeals — Failure to except below — Exception to general rule.</p> <p>To the general rule that the court below will not be reversed unless errors complained of have been called to its attention, there are well recognized exceptions. When a jurisdictional defect is apparent on the face of the record, the fact that one interested in, and affected by, the invalid order under the act of June 26, 1895, did not except in the court below, does not preclude him from appealing and assigning the matter fqr error.</p> <p>Road law — Proceedings—Act of 1895 — Estoppel.</p> <p>A release “ of and from all claims for damages ” signed before the institution of proceedings, and the fact that a landowner joined in a petition for improvement of a road by a certain route, do not work an estoppel to prevent such, person from