Flanegan v. Negley
Supreme Court of Pennsylvania
In Error. ERROR to the District Court of the city and county of Philadelphia. In this case, a summons was issued by Negley against Flanegan, to March Term, 1817, but not served. Before the return day of the writ, the plaintiff took out a rule of arbitration, and an award was made. The defendant received notice, but took no part in the proceedings.
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In Error. ERROR to the District Court of the city and county of Philadelphia. In this case, a summons was issued by Negley against Flanegan, to March Term, 1817, but not served. Before the return day of the writ, the plaintiff took out a rule of arbitration, and an award was made. The defendant received notice, but took no part in the proceedings. A fieri facias was issued to March Term, ,1817, which the Court below refused to'set aside. contended, that the proceedings were irregular. The act of assembly requires a summons to be served ten days before the Court. That act is not repealed by…
1Opinion of the Court
Tilghman C. J.'
William Negley, the plaintiff, below,
took out a writ of summons, against Stephen Flanegan, the defendant, in an action on the case, and before the summons was served on the defendant, the plaintiff entered a rule for arbitration. The only question is, whether the rule could be entered under these circumstances. In Hertzog v. Ellis, (3 Binn. 209,) the principle established by this Court, was, that a rule for arbitration might be entered by the plaintiff, at any time after the entry of the action on the docket of the prothonotary. The same principle .was affirmed in the case of…
2Cases cited1 opinion
- Hertzog v. EllisSupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Jones v. OrumSupreme Court of Pennsylvania · 1835