Brendlinger v. Yeagley
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cambria county. A judgment was entered by confession in favor of David Brendlinger against Henry Yeagley, on the 29th of April 1862, for $1110. On the 10th of February 1864, upon an affidavit of the defendant, the court opened the judgment and let him into a defence ; and directed an issue “ to determine what amount is due from defendant to the plaintiff upon the judgment in this case.”
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Error to the Court of Common Pleas of Cambria county. A judgment was entered by confession in favor of David Brendlinger against Henry Yeagley, on the 29th of April 1862, for $1110. On the 10th of February 1864, upon an affidavit of the defendant, the court opened the judgment and let him into a defence ; and directed an issue “ to determine what amount is due from defendant to the plaintiff upon the judgment in this case.” The parties afterwards entered into the following agreement of reference:— “ Article of agreement between David Brendlinger, of Rich-land township, Cambria county,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The effect of this award must be determined by the language and purpose of the submission. It is contended that the submission and award are good under the Act of 1836, on the ground that there was a pending action to which the submission was applicable, and that under the rulings of this court it is unnecessary it should be made a rule of court. The cases referred to are McAdams’ Ex’rs. v. Stilwell, 1 Harris 90, Ford v. Keen, Id. 179, and Buckman v. Davis, 4 Casey 211. In the first and last not only are the pending actions expressly referred…
2Cases cited3 opinions
- Gallup v. ReynoldsSupreme Court of Pennsylvania · 1839
- Okison v. FlickingerSupreme Court of Pennsylvania · 1841
- Richardson v. CassilySupreme Court of Pennsylvania · 1834