
    Case of the Road from M‘Claysburg, &c.
    
      Monday, May 25.
    wia'quashthe proceedingsm where one of the original petitioners is appointed a reviewer.
    ON the return of a certiorari to the Quarter Sessions of Dauphin county, in the case of a road leading from the upper end of Third street in M1-Claysburg, to intersect the rjVer road near Christian Kunkle's farm house, it appeared # 7 rr among other exceptions to the proceedings in the Court of Quarter Sessions, that Nicholas Swoyer, an original petitioner, had been appointed a reviewer, which Elder insisted was fatal to the proceedings, and cited the case of the Radnor and Newtown Road,
      
       as decisive of the question.
    
      Irvine,
    in support of the proceedings, contended, that as Swoyer was not a petitioner on the last petition, and the report which was made on the petition signed by him had been quashed, the exception did not fall within the rule established by the case cited from 5 Binn.
    
    
      
      
         5 Linn. 612.
    
   But by The Court.

It appearing that Nicholas Swoyer, one of the last reviewers, was an original petitioner, we are of opinion, that the proceedings should be quashed. The case in 5 Binn. 612, settles the principle.

Proceedings quashed.  