Legal Opinion

Brower v. Osterhout

Supreme Court of Pennsylvania

Decided July 15, 1844PublishedCited by 1 opinion

ERROR to a special Court of Common Pleas of Luzerne county. This was an action of ejectment by John L. Brower and William C. Gildersleeve against Isaac S. Osterhout, to recover a strip of land in the borough of Wilkesbarre. The controversy between the parties arose out of a difficulty in ascertaining the boundary line of the public square of the borough.

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ERROR to a special Court of Common Pleas of Luzerne county. This was an action of ejectment by John L. Brower and William C. Gildersleeve against Isaac S. Osterhout, to recover a strip of land in the borough of Wilkesbarre. The controversy between the parties arose out of a difficulty in ascertaining the boundary line of the public square of the borough. The parties claimed under the same original title; the matters of fact having been rightly submitted to and determined by the jury, the only questions which arose in this court grew out of an award made under the following circumstances: John…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The depositions of Brower and Gardiner were irrelevant. What matters it what an arbitrator may have said in derogation of his award, after it has been delivered ? Being done with it, he can no more vitiate'it by declarations unsanctioned by an oath, than can a juror vitiate his verdict, being discharged from the panel. An opposite doctrine would put the parties for ever in the power of their own agents or the agents of the law. It certainly was,not intended that they should retain a spark of authority, for good or evil, being functi…

2Cited by1 opinion

  1. Kellum v. SmithSupreme Court of Pennsylvania · 1870

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