Citation Numbers: 10 Pa. Super. 27
Judges: Orlady, Porter, Rice, Smith
Filed Date: 3/23/1899
Status: Precedential
Modified Date: 2/18/2022
Opinion by
The principal objection urged on this appeal to prevent the confirmation of the report of viewers was not suggested in the court below, where the fact as to whether the jury of view had or had not been resworn, after their reappointment, could have been legally ascertained, and if the jurors had not been reswom according to law, the case could have been recommitted to the jury so as to have been regularly conducted, and a great delay in the proceeding would have been thus avoided; or, if the jury had been in fact reswom, the omission to so state in their report was a clerical oversight of the draughtsman, and a supplemental report in which that fact would clearly appear could have been filed. The docket entries show that the jurors were, for good reasons, reappointed on January 6,1889, and their report shows that, after that date, the counsel for the city and the property owners were regularly before them at' nine meetings for the purpose of pressing their respective contentions. The case was conducted under the eye of zealous counsel, and the conclusions of the jury were well known to all the parties in interest. If the jurors were not reswom after being reappointed, the proceeding should have been then halted until that requisite had been performed, or, if then overlooked, the attention of the court below should have been directed to that fact by a more specific exception than “Because the report was contrary to law.” During the eight months the case was
The remaining assignments relate to matters which are not reviewable on this appeal. We cannot consider exceptions which raise questions of fact only: Montgomery County’s Appeal, 148 Pa. 640; Keller’s Private Road, 154 Pa. 547.
That the court had jurisdiction, and properly exercised it, is well settled by Twenty-eight Street, 102 Pa. 140, and Clark v. Philadelphia, 171 Pa. 30.
The order and decree of the court of quarter sessions is affirmed.