Painter v. Kistler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: To October and November Term 1868. This was an action of trespass q. c. f. commenced before a justice of the peace by Samuel Kistler against Obadiah Painter, in which the justice rendered judgment for the plaintiff for $30. The defendant appealed to the Court of Common Pleas to August Term 1866. While the action was pending there, the parties entered into an agreement as follows, viz.: “ November 29th 1867, we do…
Read the full summary
Error to the Court of Common Pleas of Westmoreland county: To October and November Term 1868. This was an action of trespass q. c. f. commenced before a justice of the peace by Samuel Kistler against Obadiah Painter, in which the justice rendered judgment for the plaintiff for $30. The defendant appealed to the Court of Common Pleas to August Term 1866. While the action was pending there, the parties entered into an agreement as follows, viz.: “ November 29th 1867, we do hereby agree to submit all matters in variance in the above case to John W. Riddle, Paul Brinker and John Stark, whose…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1869, by
Sharswood, J.
This was an action of trespass quare clausum *333fregit, which was pending in the court below on an appeal from the judgment of a justice of. the peace. By an agreement between the parties, the case was referred to three referees, whose award, or a majority of them, was to be final and conclusive. An award was made by two of the referees named for the sum of $4.50, with costs of suit. No exceptions were filed to the award, but a motion was made by the counsel for the defendant to strike off the award and the plaintiff’s…
2Cases cited4 opinions
- Lewis v. EnglandSupreme Court of Pennsylvania · 1811
- Bellas v. LevySupreme Court of Pennsylvania · 1829
- Harris v. HayesSupreme Court of Pennsylvania · 1814
- Boyd v. StubbsSupreme Court of Pennsylvania · 1838
3Cited by3 opinions
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Scholler Bros. v. Otto A. C. Hagen Corp.Superior Court of Pennsylvania · 1945
- Wheeler v. PotterSuperior Court of Pennsylvania · 1900