Legal Opinion

Pedan v. Cox

Supreme Court of Pennsylvania

Decided May 31, 1817PublishedCited by 2 opinions

In Error. ERROR to the Common Pleas of Lancaster county. brought an action against John Pedan and Henry Strickler, executors of Hugh Pedan, deceased, for a legacy bequeathed by the testator to his daughter, Mrs. Cox. Before the return of the writ, the plaintiffs entered a rule of arbitration in the prothonotary’s office, and had a copy of it served by delivering it to the wife of Pedan, one of the defendants ; but no copy was served on Strickler, the other defendant.

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In Error. ERROR to the Common Pleas of Lancaster county. brought an action against John Pedan and Henry Strickler, executors of Hugh Pedan, deceased, for a legacy bequeathed by the testator to his daughter, Mrs. Cox. Before the return of the writ, the plaintiffs entered a rule of arbitration in the prothonotary’s office, and had a copy of it served by delivering it to the wife of Pedan, one of the defendants ; but no copy was served on Strickler, the other defendant. The arbitrators were appointed by the plaintiff, and the prothonotary, (the defendants not appearing,) and afterwards proceeded…

1Opinion of the Court

Tilghman C. J.

(After stating the case.) The plaintiffs contend, that there was no necessity to serve the rule on StricMer, because both the executors make but one party ; and the act of assembly under “which these proceedings were had, (“ an act regulating arbitrations,” passed 20th March, 1810,) directs, in the 1st section, that the party who enters the rule of reference, “ shall procure from the prothonotary, “ a copy thereof, under his hand and seal, and serve or cause “ to be served, the same, or a copy thereof, on the opposite “party, his, her, their agent or attorney, or, if not to be “…

2Cited by2 opinions

  1. Beltzhoover v. CommonwealthSupreme Court of Pennsylvania · 1832
  2. Ranck v. BeckerSupreme Court of Pennsylvania · 1825

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