Certiorari to the Quarter Sessions of the Peace of Lancaster County ( 1808 )

Mr. Hopkins submitted the case without argument to the court, Messrs. Smith and Montgomery of counsel in support of the road, not being present.

The court reversed the proceedings below, as well because there really had been no review, as that one of the petitioners for the road had been appointed a reviewer. It is inconsistent with the first principles of justice, that the same person should be both judge and party.