Chester v. McIntyre & Co.
Superior Court of Pennsylvania
Appeal, No. 117, April T., 1900, by-defendants, in a suit of Randolph Chester, for use of Robert Clark, against John P. McIntyre & Company, from order of C. P. No. 1, Allegheny Co., March T., 1899, No. 441, dischargingrule to strike off award of arbitrators. Per Curiam. Rule to show cause why award of arbitrators should not be set aside. Before the court in banc. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 117, April T., 1900, by-defendants, in a suit of Randolph Chester, for use of Robert Clark, against John P. McIntyre & Company, from order of C. P. No. 1, Allegheny Co., March T., 1899, No. 441, dischargingrule to strike off award of arbitrators. Per Curiam. Rule to show cause why award of arbitrators should not be set aside. Before the court in banc. The facts sufficiently appear in the opinion of the court. The court below discharged the rule to strike off the award. Defendant appealed. Error assigned was in discharging the rule to set aside award of arbitrators.
1Opinion of the Court
Per Curiam,
This is an appeal from an order discharging a rule to show cause why an award of arbitrators under the compulsory arbitration law should not be stricken off. The petition upon which the rule was granted alleged that neither the defendants nor their counsel were present at the choosing of arbitrators, and ¿hat no notice in writing or otherwise was given them of the time and place of the meeting of the arbitrators. On the other hand the arbitrators set forth in their award that proof was made of due service of the rule. The general rule was thus stated by Trunkey, J., in Wilcox v.…
2Cases cited4 opinions
- Finch v. LambertonSupreme Court of Pennsylvania · 1870
- Bemus v. ClarkSupreme Court of Pennsylvania · 1857
- Taggart v. McGinnSupreme Court of Pennsylvania · 1850
- Wilcox v. PayneSupreme Court of Pennsylvania · 1878