Appeal of Irwin

Superior Court of Pennsylvania
Appeal of Irwin, 7 Pa. Super. 354 (1898)
1898 Pa. Super. LEXIS 298
Beaver, Orlady, Porter, Reeder, Rice, Wickham

Appeal of Irwin

Opinion of the Court

Opimos by

Wickham, J.,

In this case the court below set aside the report of road viewers, on the ground that the viewers did not begin their work at the place mentioned in their posted notices, thus misleading parties in interest.

Manifestly this is an interlocutory and not a final' order. The main proceedings are undetermined in the court below. The appeal, therefore, was prematurely taken. In Road in Kiskiminitas Tp., 32 Pa. 9, the viewers’ report was set aside for excessive damages. In Road from Bough Street, etc., 2 S. & R. 418, the same action was taken, with the report of re-reviewers, because of its uncertainty. In each ease the Supreme Court quashed the certiorari, for the reason that the order of the court below was merely interlocutory and did not finally determine the fate of the road. This appeal is subject to the same rule.

Appeal quashed for reason above given.

Reference

Full Case Name
Appeal of George W. Irwin Highland Township Road
Cited By
4 cases
Status
Published
Syllabus
Road law — Practice, Q. S. — Interlocutory order — Premature appeal. An order setting aside the report of road viewers, on the ground that they did not begin their work at the place mentioned in their posted notice, thus misleading parties, is an interlocutory and not a final order. The main proceedings being undetermined, an appeal will be quashed as prematurely taken.