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11 Pa. Super. 592

Newry School District

Superior Court of Pennsylvania

Decided November 20, 1899

Superior Court of Pennsylvania · decided 1899-11-20

Appeal, No. 96, Oct. T., 1899, by Daniel J. Thompson et al., from decree and orders of Q. S. Blair Co., Jan. Sess., 1898, Docket “K,” page 23, refusing to^ confirm report of viewers, detaching certain lands of Blair Township from the Newry School District. Per Curiam. Application of certain residents of Blair township to have their real estate detached from the Newry school district and reattached to the Blair township school district.

Affirmed · Decided 1899-11-20

Per Curiam,

¶1The Act of April 17, 1876, P. L. 88, applies only to applications by “ persons resident in one township or borough ” to have their lands annexed to another township, borough or city for school purposes. This was not such a case. The petitioners were residents of the township to the school district of which they desired to have tbeir lands reannexed, and the remedy in such a case is under the Act of June 8, 1881, P. L. 69, or the Act of June 2, 1891, P. L. 172. It follows that there was no authority for the appointment of viewers, and that the court committed no error in refusing confirmation of their report. This is so clearly shown in the opinion filed by the learned president of the court below as to render further discussion unnecessary. .

¶2The order is affirmed and the appeal dismissed at the cost of the appellants.

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