Stevenson v. Docherty
Supreme Court of Pennsylvania
ERROR to the common pleas-of Alleghany county. This was an action of debt, brought by William Docherty against Samuel Stevenson and James Taylor, on a recognizance to prosecute a writ of error. The plaintiff below entered a rule of reference under the compulsory arbitration law. At the meeting of the arbitrators there was no attendance or acquiescence on the part of the defendants.
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ERROR to the common pleas-of Alleghany county. This was an action of debt, brought by William Docherty against Samuel Stevenson and James Taylor, on a recognizance to prosecute a writ of error. The plaintiff below entered a rule of reference under the compulsory arbitration law. At the meeting of the arbitrators there was no attendance or acquiescence on the part of the defendants. An award was filed in favour of the plaintiff for the amount of the recognizance, and judgment thereon entered. The following error was assigned. The cause of action in the court below being debt on a recognizance…
1Per curiam
The ground taken is,' that no cause which may be made by the pleadings to turn on the existence and inspection of a record, is within the compulsory arbitration laws. If that were decisive, those laws would be a dead letter; for there is no action on which an issue of law may not be joined by the plea, for instance, of a former recovery. In Roop v. Meek it is intimated that an action on a bail bond is not within their purview; but chiefly because the discretionary power to give summary relief is lodged by the statute with the court alone. In Hill v. Crawford, 8 Serg. & Rawle 477, it was held…
2Cases cited1 opinion
- Hill v. CrawfordSupreme Court of Pennsylvania · 1822
3Cited by2 opinions
- Bowman v. Sharp & CarmanSupreme Court of Pennsylvania · 1837
- Pettit v. WingateSupreme Court of Pennsylvania · 1855