Williams v. Tracey & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880,' No. 137. Plaintiffs brought an action of trespass before a justice of the peace against Williams and others, owners of a steamboat, for alleged damage to plaintiffs’ flats, which were moored at Sewickley in the Ohio river.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880,' No. 137. Plaintiffs brought an action of trespass before a justice of the peace against Williams and others, owners of a steamboat, for alleged damage to plaintiffs’ flats, which were moored at Sewickley in the Ohio river. Defendants appealed from the judgment of the justice, and while they were temporarily at New Orleans, being engaged in the coal trade, the case was called for trial in court. The attorney for defendants objected to the case being put on the weekly list, and when the ease was…
1Opinion of the CourtJustice Paxson
This record presents the single question whether the court below was right in refusing to set aside the award of arbitrators. The cause was referred by agreement of counsel in open court. The power of an attorney to refer his client’s cause is settled: Wilson v. Young, 9 Barr 101, If dissatisfied, the client can revoke the submission or ask the court to set aside the 'reference before it has been executed: Miller v. Criswell, 3 Barr 449 ; Bingham’s Trustees v. Guthrie, 7 Harris 418. It appears from the record that the rule to show cause why the agreement of reference should not be set aside…
2Cited by4 opinions
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- McKenna v. LyleSupreme Court of Pennsylvania · 1893
- Fidelity & Deposit Co. of Maryland v. BurdenCourt of Appeals for the Second Circuit · 1929
- Seibel v. Firemen's InsuranceSuperior Court of Pennsylvania · 1904