Road in Benzinger Township

Citations

• 135 Pa. 176
• 19 A. 942
• 1890 Pa. LEXIS 1165

Syllabus

<p>1. An assignment of error specifying that “ the court erred in making the order of June 1, 1888, without the award of a procedendo by the Supreme Court,” is defective in that, in violation of the rules, it does not set out the order of the court below referred to.</p> <p>2. When the Supreme Court reversed an order confirming a public road as irregular, without setting aside the proceedings, but omitted to award a procedendo, it was proper for the court below, on the return of the record, to proceed with the case notwithstanding the omission.</p> <p>3. If an order of procedendo were absolutely necessary in such ease, it would be awarded nunc pro tunc: courts now pay less regard to mere technicalities than formerly, and seldom allow them to interfere with the justice of a cause: Per Mr. Chief Justice Paxson.</p>