HOMES PETITION


383 Pa. 99 (1955)

Holmes Petition.

Supreme Court of Pennsylvania.

November 14, 1955.


Attorney(s) appearing for the Case

Francis A. Barry, Assistant County Solicitor, with him Nathaniel K. Beck, County Solicitor, and John W. Mamula, Assistant County Solicitor, for appellant.

Ralph D. McKee, Jr., with him Alter, Wright & Barron, for appellees.

Before STERN, C.J., STEARNE, JONES, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 14, 1955:

This appeal under the Act of March 5, 1925, P.L. 23, challenges the jurisdiction of the court below to appoint a Board of Viewers under the circumstances hereinafter described.

Appellees' motion to quash the appeal on the ground that the question of jurisdiction was not properly raised in the court of first instance will be denied because, although it may, perhaps have been raised there only indirectly...

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