Case of the State Road in Lehigh County

2 Whart. 392, 1837 Pa. LEXIS 187

Opinion

Per Curiam.

The Quarter Sessions had no direct supervisory jurisdiction of the proceedings of the commissioners. It never was intended to give that, or perhaps any other court, a power to vacate, without supplying the part vacated; and such might have been the consequence of giving the sessions power to quash. A state road leading through many counties, and constituting originally, a wffiole, might have been brollen into many fragments by it. The remedy for imperfections in the original location, is distinctly pointed out to be by view and review; and such ought to have been the course here.

Judgment of the Sessions quashed, ánd proceedings of the Commissioners affirmed.