Pollock v. Hall
Supreme Court of Pennsylvania
This was a report of referees, finding for the defendant the sum of 2300 dollars, signed on the 9th May 1800. It appeared that the referees had met several times on the business of deciding the matters in controversy, and had heard the parties, allegations and proofs.
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This was a report of referees, finding for the defendant the sum of 2300 dollars, signed on the 9th May 1800. It appeared that the referees had met several times on the business of deciding the matters in controversy, and had heard the parties, allegations and proofs. They at length determined that a quantity of Irish linens was properly chargeable to the plaintiff, who being dissatisfied therewith, consulted his counsel, and by his advice, on the 21st April, discontinued his suit in the prothonotary’s office and paid off the costs. He afterwards attended before the referees, until the making…
1Opinion of the CourtShippen, C. J.
two days afterwards delivered the opinion of the court. The question agitated is of great magnitude, as it concerns the practice of the courts of this state. The method of settling suits by reference, has been experienced to be highly beneficial, and we should reluctantly throw any obstacles in the way, which might affect this mode of trial.
The difficulty in our minds has been created by the case of Starret v. Chambers et al. There the discontinuance passed sub silentio, without argument. But it is confidently said, that Chew, C. J. afterwards recognized the practice on a subsequent trial,…
2Cases cited1 opinion
- Leving v. WillSupreme Court of the United States · 1789
3Cited by6 opinions
- Shapiro v. PhiladelphiaSupreme Court of Pennsylvania · 1932
- Mechanics' Bank v. FisherSupreme Court of Pennsylvania · 1828
- Lacroix v. Macquart, Pennsylvania Court of Common Pleas, Philadelphia County1836
- Caimaichelo v. Pinkston, Pennsylvania Court of Common Pleas, Delaware County1966
- Drobny v. Trustees of F. H. Buhl Club, Pennsylvania Court of Common Pleas, Mercer County1956
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