Carpentier v. Delaware Insurance
Supreme Court of Pennsylvania
QONDT for the defendants obtained a rule to shew cause why the rule of reference in this case, and the report of arbitrators thereon, should not be set aside, upon the ground that the rule had been entered without authority. The action was instituted in the Common Pleas, and removed to this court, where the plaintiff, under the first section of the act of 29th March 1809, 9 St. Laws 125, entered a rule of reference.
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QONDT for the defendants obtained a rule to shew cause why the rule of reference in this case, and the report of arbitrators thereon, should not be set aside, upon the ground that the rule had been entered without authority. The action was instituted in the Common Pleas, and removed to this court, where the plaintiff, under the first section of the act of 29th March 1809, 9 St. Laws 125, entered a rule of reference. The defendants at the time, denied the authority of the rule, and protested against it; but under this protestation, they chose one of the three referees to whom the cause was…
1Opinion of the Court
Tilghman C. J.
delivered the court’s opinion.
Three questions have been brought forward by the defendants’ counsel in this cáse. 1st, Whether the supplement to the arbitration act, passed 29th March 1809, extends to suits depending in this court? 2d. Whether it extends to suits in which a body corporate is defendant? 3d. If the law comprehends suits in this court, to what court does the appeal from the report of the arbitrators lie? In the course of the argument, great stress has been laid on the inconveniences which will ensue, if the act is construed so as to include actions in this court.…
2Cited by5 opinions
- Carpenter v. HutchisonSupreme Court of Pennsylvania · 1914
- Bushel v. Commonwealth InsuranceSupreme Court of Pennsylvania · 1827
- South Carolina Rail Road v. McDonaldSupreme Court of Georgia · 1848
- Robinson v. Jefferson CountySupreme Court of Pennsylvania · 1843
- Hansell v. Nelson, Pennsylvania Court of Common Pleas, Philadelphia County1836