Sims v. Hampton
Supreme Court of Pennsylvania
THIS cause had been submitted to arbitration under the ■act of assembly of the 20th March, 1810. The award of the arbitrators was left with the prothonotary of this court, at his house, out of office hours, on the evening of the 1st August, 1814. On the following morning it was filed in the office, and entered on the docket. ■On Monday, the 22d August, the defendant appealed.
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THIS cause had been submitted to arbitration under the ■act of assembly of the 20th March, 1810. The award of the arbitrators was left with the prothonotary of this court, at his house, out of office hours, on the evening of the 1st August, 1814. On the following morning it was filed in the office, and entered on the docket. ■On Monday, the 22d August, the defendant appealed. A rule was obtained by J. R. Ingersoll and Rawle, for the plaintiff, to show cause why the appeal should not be dismissed, on the ground that it was not entered within the time prescribed by law. The part of the…
1Opinion of the Court
Tilghman C. J.
This action was arbitrated under the “Act regulating arbitrations,” passed 20th March, 1810. The award was brought to the prothonotary, Mr. Barnes, at his house, out of office hours in the evening of the 1st August, and filed by him, and entered on the docket on the next day; so that the entry of the award was on the 2d August. There was no blame in the prothonotary, because being obliged by law to keep his papers, not in his dwelling house, but in a public building appropriated to the purpose, he cannot be prepared at all hours to make entries in his docket. On the 22d August,…
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