Geary v. Cunningham
Supreme Court of Pennsylvania
IN ERROR. ■Erroji to the Court of Common Pleas of Allegheny county. In the Court of Common Pleas of Allegheny county, at the suit of P. Cunningham, the defendant in error, against the plaintiffs in error, Geary and .Gray, a summons issued in debt, two thousand dollars, sur recognisance to prosecute a writ of error with effect. A statement was filed and the. qaiise arbitrated.
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IN ERROR. ■Erroji to the Court of Common Pleas of Allegheny county. In the Court of Common Pleas of Allegheny county, at the suit of P. Cunningham, the defendant in error, against the plaintiffs in error, Geary and .Gray, a summons issued in debt, two thousand dollars, sur recognisance to prosecute a writ of error with effect. A statement was filed and the. qaiise arbitrated. An award was made against the defendants for one thousand, one hundred and eighty-four dollars and eighty-nine cents. ■ .The following was the statement filed by the plaintiffs. There were no other pleadings in the case:…
1Opinion of the Court
The opinion of the court' was delivered by
Gibson, C. J.
It would be little creditable to the administration of the law, were exceptions like the present to prevail. A. party lies by with his objection while a statement is filed in a cause perhaps proper for a declaration, and goes to trial befcrp arbitrators, trusting to his chance of an- award on that state of the pleadings: does not this amount to an agreement to waive exceptions, just as the acceptance of a short plea is a waiver of a plea in form? This principle of waiver was recognised in Sauerman v. Weckerly, at Philadelphia, in December…
2Cited by1 opinion
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