Osterheldt v. Philadelphia

Citations

• 195 Pa. 362
• 46 A. 114
• 1900 Pa. LEXIS 645

Syllabus

<p>Road law—Laying out streets according to plan—Act of May 9,1889, P. L. 172—'Referee's findings of fact—Reargument.</p> <p>On a motion for a realignment in a case where a landowner is seeking - to avail himself of the benefit of the act of May 9,'1889, if the landowner claims that the street in question had been vacated and that its vacation was proved before the referee, and it appears that the referee and the court below had made no finding upon this subject, and it also appears that the Supreme Court’s decision is correct on the facts actually found by the referee, the Supreme Court will refuse a reargument, but will permit the landowner to apply to the court below to open the judgment directed to be entered by the Supreme Court and inquire whether the street had been legally vacated.</p>