Road in Cassville Borough
Citations
- 4 Pa. Super. 511
- 1897 Pa. Super. LEXIS 154
Syllabus
<p>Road law — Jurisdiction, Q. S.</p> <p>Where a road vacated and a road laid out to take its place are partly in a borough and partly in a township, the court of quarter sessions has jurisdiction.</p> <p>Road law — Essentials of report of viewers as to termini.</p> <p>The termini reported by the viewers must correspond with those designated in the petition and order. But mathematical precision is not required in describing them either in the petition or the report. It is sufficient if there be substantial conformity, and if they be described so that the road can be located with reasonable certainty.</p> <p>Appeal — Appeals to the Superior Court — Time of perfecting same.</p> <p>An appeal to the Superior Court must be taken and perfected within three calendar mouths from the day when the judgment, sentence, order or decree appealed from was entered in the court below.</p> <p>This appeal was taken more than eight months after the decree of confirmations of the report of. viewers. A motion was made, subsequent to the confirmation, for leave to file exceptions nunc pro tunc which was refused, and if it be conceded that an appeal lies from such an order, by no latitude of construction can it be held that the whole proceedings are opened for review ; at the very best all that can be assigned for error under such conditions is the refusal of permission to file the specific exceptions going to the jurisdiction of the-court.</p>
Judges: Ham, Reeder, Rice, Smith, Wick, Willard
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