16 Pa. Super. 386 | Pa. Super. Ct. | 1901
Opinion by
The proceedings in the court below, which we are asked to review, were had upon a certiorari directed to the commissioners of roads of Wysox township in Bradford county commanding them to send up the record of the proceedings in the matter of
But assuming, for the sake of the argument, that the court of common pleas had power to issue the writ, what error was committed which we have power to correct? The sole complaint is, that the reviewing commissioner named by the road commissioners of Wysox township was disqualified by interest and bias. But this, allegation is not sustained by anything appearing in the proceedings sent up to the common pleas, or in the record sent up to us. The depositions submitted to that court, even if it had a right to consider them, are not part of the record and cannot be considered by us. The decision of the court below upon the questions of fact raised by the exceptions must necessarily be final, because, if for no other reason, there is no mode provided for bringing upon the record the facts alleged in them. The cases upon this subject are almost innumerable. A bare reference to a few of the later ones is all that is required: Dennison Township Road, 13 Pa. Superior Ct. 227, and cases cited on p. 230 ; Crumley v. Crescent Coal Co., 13 Pa. Superior Ct. 231; Diamond Street, 196 Pa. 254.
In what we have said in the foregoing opinion, we are of course to be understood as speaking only of the power of the common pleas to revise the proceedings of the commissioners on certiorari, not of its equity powers to restrain illegal action on their part, nor of its power by mandamus to compel performance of public duties.
The judgment is affirmed.