Noyes v. Brooks
Supreme Court of Pennsylvania
Appeal, No. 201, Jan. T., 1896, by defendants, from order of C. P. Clinton Co., Sept. T., 1895, No. 88, striking off appeal in forma pauperis from award of arbitrators. Motion to strike off appeal from award of arbitrators. The facts appear by the opinion of Mayer, P. J., which was as follows: The plaintiffs instituted an action of ejectment, and issued a rule to arbitrate, and obtained an award against the defendants for the land described in the writ.
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Appeal, No. 201, Jan. T., 1896, by defendants, from order of C. P. Clinton Co., Sept. T., 1895, No. 88, striking off appeal in forma pauperis from award of arbitrators. Motion to strike off appeal from award of arbitrators. The facts appear by the opinion of Mayer, P. J., which was as follows: The plaintiffs instituted an action of ejectment, and issued a rule to arbitrate, and obtained an award against the defendants for the land described in the writ. The defendants took an appeal from the award of arbitrators. On August 20, 1895, .they presented their petition to Hon. J. W. Clark,…
1Opinion of the Court
Per Curiam,
The single question in this case is, whether the learned president of the common pleas erred in holding that the order, allowing the defendants to appeal from the award of arbitrators without payment of costs, did not also relieve them from entering into the required recognizance, and in making, pursuant theretoj the peremptory order recited in the specifications of error? We are clearly of opinion that he did not.
According to section 27 of the act June 16, 1836, P. L. 301, prescribing the “rules, regulations and restrictions ” under which either party may appeal from an award of…
2Cases cited1 opinion
- M'Connel v. MortonSupreme Court of Pennsylvania · 1849
3Cited by3 opinions
- Stein Enterprises, Inc. v. GollaSupreme Court of Pennsylvania · 1981
- Pugar v. GrecoSuperior Court of Pennsylvania · 1981
- Warren v. Feeser, Pennsylvania Court of Common Pleas, Adams County1975