Quay v. Westcott
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of July Term 1868, No. 33. Certain suits were pending in the District Court of Philadelphia between Edward Quay, plaintiff, and Grideon Gr. Westeott, defendant.
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Error to the District Court of Philadelphia: Of July Term 1868, No. 33. Certain suits were pending in the District Court of Philadelphia between Edward Quay, plaintiff, and Grideon Gr. Westeott, defendant. On the 6,th of January Í868 the parties entered into the following agreement:— * “ It is agreed that all matters in dispute of any and every kind whatsoever arising out of the said suits be referred to James Miller and Robert Luther, whose award in all these cases shall be final and conclusive between the parties hereto, and shall be made a judgment of the said District Court in No. 755 of…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, C. J.
— In a reference of an action or actions pending, under the provisions of the 6th section of the Act of 16th June 1836, a simple reference to them, as here, in the agreement, is equivalent to an express stipulation that the submission is by rule of court: McAdams v. Stilwell, 1 Harris 90; Buckman v. Davis, 4 Casey 211; Coleman v. Lukens, 4 Wh. 347; Ford v. Keen, 1 *166Harris 179. That was done in this case, which constituted a reference under that act.
An exception to the award in the case was made below and removed here, because the -…
2Cases cited1 opinion
- Coleman v. LukensSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Weaver v. PowelSupreme Court of Pennsylvania · 1892
- Clark Bros. Co. v. Tennessee Lumber Mfg. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1910
- Tennessee Lumber Mfg. Co. v. Clark Bros. Co.Court of Appeals for the Third Circuit · 1910