In re Blockley etc. Turnpike Co.

Supreme Court of Pennsylvania
In re Blockley etc. Turnpike Co., 140 Pa. 177 (Pa. 1891)
21 A. 257; 1891 Pa. LEXIS 824
Clark, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

In re Blockley etc. Turnpike Co.

Opinion of the Court

Per Curiam:

This was an appeal from the refusal of the court below to vacate an order previously made, amending the charter of the Blockley & Merion Turnpike & Plankroad Company. It was alleged that the amendment was improvidently allowed, inasmuch as it authorized the company to extend its road beyond the original termini. The power to amend charters of such companies is conferred by the act of June 4, 1879, when the Court of Common Pleas shall be “ of opinion that said alterations are lawful and beneficial.” It thus appears that the court below had jurisdiction. Whether this particular amendment was “ lawful and beneficial ” we cannot now decide, as the matter has passed from our control. No appeal was taken from the order of the court below allowing the amendment within the time required by law. The appeal from the refusal of the court to vacate its order does not help the matter, as it would be doing by indirection what cannot be done directly. The appeal can only be taken from the original order, and the time for that has gone by.*

Appeal quashed.

See act of April 1, 1874, P. L. 50; § 8, act of May 9, 1889, P. L. 158.

Reference

Full Case Name
PETITION OF BLOCKLEY ETC. TURNPIKE CO.
Cited By
1 case
Status
Published
Syllabus
When more than two years have elapsed, after a decree of the Court of Common Pleas granting an amendment to the charter of a turnpike company, under the act oí June 4, 1879, P. L. 91, without an appeal or certiorari taken, an appeal from an order refusing to annul the former decree as improvidently made, will be quashed.