Fehr v. Reich
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action of assumpsit by Henry Reich against John Eehr. The summons was issued on the 18th May 1859, and on the same day, the plaintiff filed a declaration, and entered a rule of reference, the time for choosing arbitrators being fixed on the 4th June. The rule of reference was served on the defendant, on the 19th May; but the summons was not served by the sheriff until the 23d.
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Error to the Common Pleas of Berks county. This was an action of assumpsit by Henry Reich against John Eehr. The summons was issued on the 18th May 1859, and on the same day, the plaintiff filed a declaration, and entered a rule of reference, the time for choosing arbitrators being fixed on the 4th June. The rule of reference was served on the defendant, on the 19th May; but the summons was not served by the sheriff until the 23d. On the 4th June, arbitrators were chosen, in the absence of the defendant; and on the same day, notice of the meeting of 'the arbitrators on the 23d was served upon…
1Opinion of the Court
*474The opinion of the court was delivered by
Woodward, J.
Our first compulsory arbitration law of 1810, authorized either party in any civil suit to take a rule of reference at any time after the entry of such suit. A suit was held to be entered within the meaning of this act when it was placed on the prothonotary’s docket: Hertzog v. Ellis, 3 Binn. 209. The consequence was, that there might he judgment and execution before the return day of the original process, and legal proceedings were carried on against a defendant in a suit in which he never was served with a writ, and in which he was not,…
2Cases cited2 opinions
- Jones v. OrumSupreme Court of Pennsylvania · 1835
- Hertzog v. EllisSupreme Court of Pennsylvania · 1810
3Cited by1 opinion
- Beishline v. KahnSupreme Court of Pennsylvania · 1919