Welty v. Zentmyer
Supreme Court of Pennsylvania
ERROR to the common pleas of Franklin county. This was an action of slander, by David Zentmyer against John Welty, in which the following agreement was made by the parties, and filed with the record.
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ERROR to the common pleas of Franklin county. This was an action of slander, by David Zentmyer against John Welty, in which the following agreement was made by the parties, and filed with the record. “ It is hereby agreed by the parties in this cause, that all proceedings heretofore had in Franklin county, in two different suits, in the court aforesaid, there pending, brought by said Zentmyer against said Welty, as also the proceedings in the court of common pleas in Washington county, in a certain case of attachment, brought by said Welty against Zentmyer, are to be stayed; as it is hereby…
1Per curiam
—The report being by two, while the submission is to three, is erroneous, if it be not helped by subsequent acts of the parties. The rule issued by the prothonotary, purports to delegate the power of making an award, to the majority ; which, transcending the power delegated by the parties, is void for the excess. The prothonotary made out copies for both parties; and if both acted on it with a knowledge of the contents, they would be bound by the event, as confirmation is equivalent to an original authority. That, however, is not to be presumed, as they were not bound to suspect a mistake in…
2Cited by3 opinions
- Scholler Bros. v. Otto A. C. Hagen Corp.Superior Court of Pennsylvania · 1945
- Weaver v. PowelSupreme Court of Pennsylvania · 1892
- Okison v. FlickingerSupreme Court of Pennsylvania · 1841