Road in Manheim Township

Citations

• 12 Pa. Super. 279
• 1900 Pa. Super. LEXIS 233

Syllabus

<p>Roacl law — Merits of ease not reviewed — Jurisdiction, Superior Court— Rules of court.</p> <p>An appeal in the nature of a certiorari does not bring up anything but the record of which the evidence is no part; hence it follows that on appeal taken from any order or proceeding in relation to a public road the appellate court will not suffer the merits of the case to be entered into nor will it reverse the order of the court of quarter sessions, unless for some error or irregularity apparent on the l'eeord, or because the court below exceeded its jurisdiction or erred in their judgment in point of law. This principle is laid down in Rule IS of the Superior Court which not only is a substantial transcript of the rule of the Supreme Court upon the subject, but is a declaration of the law as established by an unbroken line of decisions.</p> <p>Practice, Q. S. — Road law — Vacation of road — Designation of township.</p> <p>There being no uncertainty in the report of viewers as to the location of a road to be vacated or of the road to be laid out in its place and the identical location described in the petition and orders being followed, when these name the township, the omission to designate it by name in the report is not such an irregularity as would justify reversal.</p> <p>Road law — Change of road involves vacation of old road.</p> <p>A proceeding to change part of a road from one location to another, necessarily involves a vacation of the old road to the extent required by the change.</p> <p>Road law — Allegations of inconvenience.</p> <p>The omission to state in the petition why the part of the road alleged to be inconvenient is so, is not fatal on appeal.</p>