Johnston v. Brackbill
Supreme Court of Pennsylvania
IN ERROR. Upon a writ of error to the Common Pleas of Lancaster county, the case was thus: Henry Brackbill, to April term, 1817, issued a scire facias to revive a judgment which he had obtained against Richard Johnston, the plaintiff in error, to January term, 1812. On the 24th December, 1824, the defendant Johnston, put in this plea; “payment, under which he intends to give in evidence the award of referees, mutually chosen by the parties, by which all mattersin this suit…
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IN ERROR. Upon a writ of error to the Common Pleas of Lancaster county, the case was thus: Henry Brackbill, to April term, 1817, issued a scire facias to revive a judgment which he had obtained against Richard Johnston, the plaintiff in error, to January term, 1812. On the 24th December, 1824, the defendant Johnston, put in this plea; “payment, under which he intends to give in evidence the award of referees, mutually chosen by the parties, by which all mattersin this suit were settled;” the plaintiff replied, “ non solvit,” and issue was joined thereon. And now, August 23d, 1825, the cause…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The plaintiff having joined issue on the plea of a submission and an award, will fail if the award shown be valid. The defendant relies on strict rules of pleading, without regard to the obvious justice of the case, and is therefore to be held to strict rules of law. The submission was general, “ of and concerning the differences then depending between them;” not of all matters in controversy between'them in this, or any other action. The award sets forth, that after hearing the parties, examining their several books of account, and taking…
2Cases cited2 opinions
- Allen v. RostainSupreme Court of Pennsylvania · 1824
- Wolverton v. Commonwealth ex rel. Hart & Co.Supreme Court of Pennsylvania · 1821