Moulson v. Rees
Supreme Court of Pennsylvania
IN ERROR. TT' RROR to Northumberland, m which county Rees issued rl . _ _ , . , i a capias m case, and referred it to arbitrators, who awarded “ that the defendant below should deliver a' certain a ¿eed poll to Sees, pay all costs of suit, and damage six-i it *«* “ teen dollars. _. . . , , . , ihe exceptions taken to the record were, 1. ihat the ac-**011 was arbitrated by the plaintiff below, and tried by the arbitrators, before the plaintiff in error entered special bail,…
Read the full summary
IN ERROR. TT' RROR to Northumberland, m which county Rees issued rl . _ _ , . , i a capias m case, and referred it to arbitrators, who awarded “ that the defendant below should deliver a' certain a ¿eed poll to Sees, pay all costs of suit, and damage six-i it *«* “ teen dollars. _. . . , , . , ihe exceptions taken to the record were, 1. ihat the ac-**011 was arbitrated by the plaintiff below, and tried by the arbitrators, before the plaintiff in error entered special bail, after being arrested on the capias.. 2. That the cause of ac-^on did not appear either in the writ, or in any statement…
1Opinion of the Court
Tilghman G. J.
delivered judgment.
The arbitration maybe entered at anytime after the issuing of the writ, which is the -commencement of the suit, according to the opinion of the Court in Hertzog v. Ellis, 3 Binn. 209. The plaintiff in this case, although a capias *33was issued, has dispensed with special bail, as he had a right to do; and this is for the advantage of the defendant. As to the cause of action, it sufficiently appears on the record, that the matter in dispute was a deed, which was described in the award, and for the conversion of which, sixteen dollars damages are given. I consider…
2Cases cited1 opinion
- Hertzog v. EllisSupreme Court of Pennsylvania · 1810
3Cited by3 opinions
- Barbe v. Davis, Pennsylvania Court of Common Pleas, Philadelphia County1835
- Phillips v. OliverSupreme Court of Pennsylvania · 1819
- Johnson v. M'Coy, Pennsylvania Court of Common Pleas, Philadelphia County1835