Post v. Sweet
Supreme Court of Pennsylvania
In Error. ERROR to Susquehanna county. . The plaintiff in error, who was the Brigade Inspector or the Second Brigade of the Eighth Division of Pennsylvania militia, demanded of the defendant in error, in the below, two thousand dollars, the alleged value of a brass field piece lent by the former to the latter. The cause was submitted to arbitrators, who awarded in favour of the plaintiff, twenty dollars and the costs of suit.
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In Error. ERROR to Susquehanna county. . The plaintiff in error, who was the Brigade Inspector or the Second Brigade of the Eighth Division of Pennsylvania militia, demanded of the defendant in error, in the below, two thousand dollars, the alleged value of a brass field piece lent by the former to the latter. The cause was submitted to arbitrators, who awarded in favour of the plaintiff, twenty dollars and the costs of suit. No appeal from this award was entered by either party, but the Court Common Pleas, on motion of the defendant’s counsel, ed judgment to be entered on it without costs.…
1Opinion of the Court
Per Curiam. —
When the award of the arbitrators was returned to the Prothonotary and entered on his docket, it had the effect of a judgment. The Court of Common Pleas had no power to alter it, although they might have set it aside for misbehaviour of the arbitrators, oi irregularity in their proceedings. If the award was illegal on its face, as it is alleged to be here, the dissatisfied party might appeal to the Court of Common Pleas, or bring it before this Court, by writ of error. But he has done neither one nor the other; and the Court of Common Pleas, without appeal, on motion, has entered…
2Cited by3 opinions
- Waage v. WeiserSupreme Court of Pennsylvania · 1840
- Stevenson v. WalkerWest Virginia Supreme Court · 1872
- Le Barron v. HarriottSupreme Court of Pennsylvania · 1830