Brown v. Scheaffer
Supreme Court of Pennsylvania
IN ERROR. IN this case, which was a writ of error to Franklin county, it appeared by the record, .that Scheaffer the plaintiff below, had entered a rule of arbitration, and defendant not attending according to notice, he and the , , , ,: . c , , prothonotary nameq arbitrators-, who, at a meeting ot which the defendant also had notice but omitted, to attend, found ah award for the plaintiff.
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IN ERROR. IN this case, which was a writ of error to Franklin county, it appeared by the record, .that Scheaffer the plaintiff below, had entered a rule of arbitration, and defendant not attending according to notice, he and the , , , ,: . c , , prothonotary nameq arbitrators-, who, at a meeting ot which the defendant also had notice but omitted, to attend, found ah award for the plaintiff. The award simply found so much money for the plaintiff; and there was neither declaration nor statement filed by the plaintiff, to shew what was his cause of action, which was the error relied upon in this…
1Opinion of the Court
Tiugiiman C. J.
The plaintiff in this case entered a rule, of reference in an action on the. case, under the “ act regulating arbitrations,” passed 20th March 1810. The proceedings were all ex parte, as the defendant did not think proper to join in the choice of the arbitrators. A report was made in favour of the plaintiff, upon which judgment was entered, and the error assigned is that there was no declaration or statement filed, by which the cause of action might appear on the record. At the opening of the case, I was struck forcibly with the inconvenience which might result from such…
2Cited by3 opinions
- Herman v. FreemanSupreme Court of Pennsylvania · 1822
- Le Barron v. HarriottSupreme Court of Pennsylvania · 1830
- M'Call v. CrousillatSupreme Court of Pennsylvania · 1815