Stokely v. Robinson
Supreme Court of Pennsylvania
Errob to the Common Pleas of Westmoreland county. This was an ejectment by John ,Q. Robinson against Joseph Stokely for a lot of ground in West Newton, containing one acre, more or less. . . -. On the 4th April 1859, the following award was filed, signed by Edgar Cowan and Henry D. Foster, the attorneys of the parties on record:— - “ And now, to wit, February 1859, we, the undersigned, having been appointed by the parties to determine this case, do award and find for the…
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Errob to the Common Pleas of Westmoreland county. This was an ejectment by John ,Q. Robinson against Joseph Stokely for a lot of ground in West Newton, containing one acre, more or less. . . -. On the 4th April 1859, the following award was filed, signed by Edgar Cowan and Henry D. Foster, the attorneys of the parties on record:— - “ And now, to wit, February 1859, we, the undersigned, having been appointed by the parties to determine this case, do award and find for the plaintiff, six cents damages, and six cents costs. The description of plaintiff’s lot, to which we find he has title, is as…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The only question for determination in this case, is the alleged error of the court, in entering judgment for the plaintiff below, on the award filed in this case.
There was no written submission of the case, by the parties, to the referees, nor any by parol, of which we can take notice, as the case stands. Could a judgment be entered on such an award, by act of the court merely ? We think not.
By the 2d and 3d sections of the Act of 1806, in case of actions pending, and by the 3d section of the Act of 16th June 1836, two modes are provided,…
2Cited by7 opinions
- Archbishop v. KARLAKSupreme Court of Pennsylvania · 1973
- McLaughlin v. MonaghanSupreme Court of Pennsylvania · 1927
- Ellison v. Safeguard Mutual InsuranceSuperior Court of Pennsylvania · 1967
- Freeman v. McCarthyCourt of Appeals for the Third Circuit · 1946
- Helms v. Kuebler, Pennsylvania Court of Common Pleas, Northampton County1941
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