Legal Opinion

Nicholas v. Wolfersberger

Supreme Court of Pennsylvania

Decided May 24, 1819PublishedCited by 3 opinions

In Error. ERROR to the Court of Common Pleas of Dauphin county. Wolfersberger brought debt in the Court of Common Pleas of Dauphin county against Steigleman, founded on articles of agreement.

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In Error. ERROR to the Court of Common Pleas of Dauphin county. Wolfersberger brought debt in the Court of Common Pleas of Dauphin county against Steigleman, founded on articles of agreement. By writing filed, the plaintiff, Wolfersberger, “ elected to have the cause tried by arbitration, and required a rule of reference to be entered in this cause for hearing and , . . ... , . u , determining all matters in variance between the parties, and requested that the arbitrators be chosen on Monday, the 19th funef &c. By the rule of reference made out by the pro- — * # - thonotary, “ all matters in…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson J.

Many of the exceptions taken here, are inapplicable to an award under the compulsory arbitration act, which is sui generis, and to be considered rather as a verdict and judgment, than as an award. Arbitrators, under that act, decide both the law and the fact, and substantially perform the functions of a Court and jury. We are, therefore, not to inquire, whether their award is mutual, final, or certain ; whether it extends to a stranger to the submission, or whether it is erroneous on the merits ; but only whether the arbitrators have confined…

2Cases cited4 opinions

  1. Kunckle v. KunckleSupreme Court of the United States · 1788
  2. Lessee of Moody v. VandykeSupreme Court of Pennsylvania · 1811
  3. Barde v. WilsonSupreme Court of Pennsylvania · 1801
  4. Lessee of Mathers v. AkewrightSupreme Court of Pennsylvania · 1809

3Cited by3 opinions

  1. Coolbaugh v. PierceSupreme Court of Pennsylvania · 1822
  2. Bachman v. ReigartSupreme Court of Pennsylvania · 1831
  3. Hauberger v. RootSupreme Court of Pennsylvania · 1847

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