Zeigler v. Zeigler
Supreme Court of Pennsylvania
In Error. Christopher Zeigler, the plaintiff in error, brought all áction on the case in the Common Pleas of Lehigh county, against Abraham Zeigler, the defendant, to recover a compensation for rebuilding or repairing a saw-mill bn the premises of the latter. In addition to several other pleas, the defendant pleaded an award of arbitrators and judgment in a former suit between the parties, in which the present defendant was plaintiff and the present plaintiff defendant.
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In Error. Christopher Zeigler, the plaintiff in error, brought all áction on the case in the Common Pleas of Lehigh county, against Abraham Zeigler, the defendant, to recover a compensation for rebuilding or repairing a saw-mill bn the premises of the latter. In addition to several other pleas, the defendant pleaded an award of arbitrators and judgment in a former suit between the parties, in which the present defendant was plaintiff and the present plaintiff defendant. On this plea issue was joined, the plaintiff having replied mil tiel record. On the trial of the issue the defendant offered…
1Opinion of the Court
Tilghman C. J.
In this case there are two exceptions to the opinion of the Court of Common Pleas of Lehigh county. (Here the Chief Justice briefly stated the facts.)
1. As to the report of the arbitrators; it is not necessary to decide whether the arbitrators had a right to award a conveyance of land. The only question is, whether it was such a record as supported the defendant’s plea; and I am of opinion that it was. This Court decided in the case of Ebersoll v. Krug, (3 Binn. 528.) that under the act of assembly, the award, when entered on the docket of the prothonotary, was to be considered…
2Cases cited1 opinion
- Ebersoll v. KrugSupreme Court of Pennsylvania · 1811
3Cited by1 opinion
- Thompson v. BlanchardSupreme Court of Iowa · 1855