Road in Roaring Brook Township

Citations

• 140 Pa. 632
• 21 A. 411
• 1891 Pa. LEXIS 884

Syllabus

<p>1. Although the proceeding in the Supreme Court to review the action of the Court of Quarter Sessions in a road case, is denominated an appeal under the act of May 9, 1889, P. L. 158, it is in substance and effect the common-law proceeding by certiorari, and the review is confined to the regularity of the record.</p> <p>2. When the record of a proceeding to lay out a road is removed to the Supreme Court more than two years after final confirmation, the writ must be quashed, notwithstanding an application to set aside the confirmation was made to and refused by the court below within two years: Act of April 1, 1874, P. L. 50; Road in Salem Tp., 103 Pa. 250.</p> <p>(a) Being attached lor contempt in not obeying an order to open a road, the supervisors answered that the road was unnecessary; that the funds in their hands, the amount of which was not stated, were needed for other purposes; and that to open the road would involve an increase of the township debt beyond the constitutional limit:</p> <p>3. The reasons given for not obeying the order were insufficient; the supervisors having nothing to do with the necessity for the road, and it not appearing that they had exhausted the power of taxation, or had made any bona fide attempt to comply with the order: the power of the Court of Quarter Sessions to issue the attachment not decided.</p> <p>4. A writ of certiorari from the Supreme Court, ■ in a road case, not lodged in the court below until after an order to open the road has been issued to the supervisors, is not a supersedeas of that order; the case is analogous to that of an outstanding execution in the hands of the sheriff: Per Archbald, P. J.</p>