Quemahoning Township Road
Citations
- 27 Pa. Super. 150
- 1905 Pa. Super. LEXIS 23
Syllabus
<p>Road law — Petition—Caption of petition — Termini—Name of township and county.</p> <p>The caption of a petition for a road view may be considered in connection with the petition in determining whether the termini and the names of the township and county are sufficiently stated.</p> <p>A petition to the quarter sessions of a county praying for the appointment of viewers to' widen a road in a township of said county, sufficiently designates the county.</p> <p>The omission to name the. township in the petition, order of view and report is not cause for the reversal of an order of confirmation, where the termini are so precisely described in the report as to leave no room for doubt as to the location of the road.</p> <p>Road law — Exceptions—Failure to file exceptions — Review—Appeals.</p> <p>Where no exceptions have been filed to defects in road proceedings, such defects cannot be considered on appeal where no jurisdictional question is involved. Thus a charge that petitioners fail to observe a rule of court will not be considered on appeal where no exception is taken to the defect in the court below.</p> <p>An exception in the court below depending upon a question of fact will be presumed to have been properly determined by the court below.</p> <p>Road law — Improvements—Report—Draft.</p> <p>An omission by the viewers to note improvements along the road is not in itself fatal to the proceedings. The improvements may be noted upon the draft which accompanies the report.</p>
Judges: Beaver, Henderson, Morrison, Orlady, Porter, Rice, Smith
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