Guhr v. Chambers
Supreme Court of Pennsylvania
In Error. ERROR to Dauphin county. The plaintiff below, the defendant in error, brought an action against the plaintiffs in error, Jacob and Andrew Guhr, which was submitted to arbitration, under the Act of 20th March, 1810. An award was filed in favour of the plaintiff, and Jacob Guhr, one of the defendants, gave security and entered an appeal. The plaintiff filed a statement against both defendants, to which both pleaded.
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In Error. ERROR to Dauphin county. The plaintiff below, the defendant in error, brought an action against the plaintiffs in error, Jacob and Andrew Guhr, which was submitted to arbitration, under the Act of 20th March, 1810. An award was filed in favour of the plaintiff, and Jacob Guhr, one of the defendants, gave security and entered an appeal. The plaintiff filed a statement against both defendants, to which both pleaded. A testatum fieri fiadas . was afterwards issued against Andrew, which the Court refusing to set aside, this writ of error was brought. On the return of the record, a…
1Per curiam
Upon examining the record in this case, it appears, that both the original defendants were parties to the- appeal. It is true, that one Only was active in entering the appeal.; but the other never disavowed it. On the contrary, he appeared and. pleaded, after the plaintiff had filed a-statement against both. By this statement,-the plaintiff concluded himself. He could not afterwards denv, that both defendants were in the Court of Common Pleas. He had no right therefore, to issue an execution on the report of the arbitrators. It is the opinion of the Court, that the execution was erroneous,…
2Cited by1 opinion
- Rainey v. CommonwealthSupreme Court of Pennsylvania · 1840