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· 12/21/1908

Mifflin Township Poor District v. Schuylkill County Poor District

Citations

  • 37 Pa. Super. 611
  • 1908 Pa. Super. LEXIS 336

Syllabus

<p>Poor law — Order of removal — Exceptions—Appeals.</p> <p>On an appeal from an order affirming.the order of removal of a pauper, a single general exception to the opinion or decree of the court is not sufficient to authorize the appellate court to review the whole case upon the merits, or to review particular rulings upon points of evidence or of law, even though they be assigned for error; and in such a case it is not sufficient to merely file exceptions. They must be noted by the court, and it must appear in some form that they were presented to the court, and were put upon the record with the express sanction of the court. Such exceptions should be presented within a reasonable time after the .order was made, and before the appeal may be taken.</p> <p>Where there is a specific exception to each finding and conclusion complained of, and after all of the exceptions the court makes a note, signed and sealed by the judge, “ the exceptions above taken are hereby noted, and bills sealed in each instance,” but without such a note after each exception, sufficient compliance is made with the provisions of the statute, and the record is sufficient to sustain the suing out of an appeal.</p> <p>Poor law — Notice to pauper — Order of removal.</p> <p>An order for the removal of a pauper cannot be sustained where no notice has been given to the alleged pauper of the complaint that he was likely to become chargeable upon the poor district.</p>

Judges: Beaver, Head, Henderson, Orlady, Porter, Rice

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