Coleman v. Lukens
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the Court of Common Pleas of Chester County, to remove the record of an action on the case, brought by Edward Coleman and Louis Harford, executors of the will of William Coleman, deceased, to the use of Harriet Coleman, guardian of the minor children of James Coleman, deceased, against Rebecca W. Lukens.
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IN ERROR. This was a writ of error to the Court of Common Pleas of Chester County, to remove the record of an action on the case, brought by Edward Coleman and Louis Harford, executors of the will of William Coleman, deceased, to the use of Harriet Coleman, guardian of the minor children of James Coleman, deceased, against Rebecca W. Lukens. The action in the Court below was entered under an agreement, which after stating the names of the parties, and that the action was in case, proceeded as follows: “ It is agreed that an amicable action be entered as above, and that all matters in variance…
1Opinion of the Court
Per Curiam. —
If the question stood on the act of 1705, for which the sixth section of the act of 1836 is a substitute, it would certainly be involved in obscurity by the imperfect evidence we have of the earlier practice and decisions. The judgment in Kunckle v. Kunckle, if the reference were indeed under the original act, went decisively beyond the letter which gave to an award pursuant to it, the effect of a verdict and no more ; no part of which is enforceable by attachment. It is probable, however, that the reference was at common law, for no allusion is made, in the report of the case,…
2Cases cited1 opinion
- Carrew v. WillingSupreme Court of the United States · 1785
3Cited by6 opinions
- Pennington v. BowmanSupreme Court of Pennsylvania · 1840
- Quay v. WestcottSupreme Court of Pennsylvania · 1869
- Buckman v. DavisSupreme Court of Pennsylvania · 1857
- Coleman v. LukensSupreme Court of Pennsylvania · 1841
- McCracken v. ClarkeSupreme Court of Pennsylvania · 1858
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