Summy v. Hiestand
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: No. 1, to May Term 1870. On the 26th of February 1867, John Hiestand, Jr., brought an action of slander against John H. Summy, and the following agreement was filed in the case:— “And now, to wit: August 6th 1867. It being desired by the parties in the above case that the same shall proceed no further in course of law, they hereby mutually agree, by and between themselves, to refer all matters relating thereto at…
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Error to the Court of Common Pleas of Lancaster county: No. 1, to May Term 1870. On the 26th of February 1867, John Hiestand, Jr., brought an action of slander against John H. Summy, and the following agreement was filed in the case:— “And now, to wit: August 6th 1867. It being desired by the parties in the above case that the same shall proceed no further in course of law, they hereby mutually agree, by and between themselves, to refer all matters relating thereto at variance between them to the decision and adjustment of three disinterested persons, whose report and action shall be final;…
1Opinion of the Court
The opinion of the court was delivered, May 12th 1870, by
Sharswood, J.
'That there was an action pending in the court below and that the agreement of reference was confined to the matters in variance in that suit does not leave it open to contention, that it must be considered as having been made under the sixth section of the Act of June 16th 1836 (Pamph. L. 717) This section was a mere re-enactment of the Act of 1705, in the construction of which, as well as of the present law, it has been uniformly held that no express agreement that it shall be made a rule of court is necessary. A…
2Cases cited2 opinions
- Bear v. PattersonSupreme Court of Pennsylvania · 1842
- Benjamin v. BenjaminSupreme Court of Pennsylvania · 1843
3Cited by6 opinions
- Eddy v. SmileySuperior Court of Pennsylvania · 1904
- Erie City v. WillisSuperior Court of Pennsylvania · 1903
- Agricultural Trust Co. v. BrubakerSuperior Court of Pennsylvania · 1920
- Weaver v. McDevittSuperior Court of Pennsylvania · 1902
- Antonelli v. SilvestriOhio Court of Appeals · 1955
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