Henry v. Norwood
Supreme Court of Pennsylvania
ERROR to the common pleas of Beaver county. David Norwood against William Henry. Action for a libel. The defendant entered a rule of arbitration : the attorneys of the respective parties appeared and made choice of arbitrators, and agreed to the time and place of meeting. The arbitrators met, the defendant appeared, but the plaintiff did not, and an award was made for the defendant.
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ERROR to the common pleas of Beaver county. David Norwood against William Henry. Action for a libel. The defendant entered a rule of arbitration : the attorneys of the respective parties appeared and made choice of arbitrators, and agreed to the time and place of meeting. The arbitrators met, the defendant appeared, but the plaintiff did not, and an award was made for the defendant. On motion of plaintiff’s counsel, the court set aside the award at the cost of the defendant, on the ground that a copy of the appointment of the arbitrators was not served on the plaintiff, as required by the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
—Under the eighth section of the act of 1810 regulating arbitrations, where both parties, either by themselves, their agents or attorneys, attended to the appointing of the arbitrators before the prothonotary, it was not required of the party entering the rule that he should give or serve a certified copy of the record of the appointment upon the adverse party in any way whatever—either upon himself, his agent or attorney. If the latter, however, did not attend, either in person, or by his agent or attorney, at the time and place of…
2Cited by4 opinions
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