Robinson v. Jefferson County
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Jefferson county. This was an action on the case, by M’Cormick & Robinson against the county of Jefferson; which, at the instance of the plaintiff, was referred to arbitrators, who made an award in their favour for $170, from which the defendant appealed without the payment of costs.
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ERROR to the Common Pleas of Jefferson county. This was an action on the case, by M’Cormick & Robinson against the county of Jefferson; which, at the instance of the plaintiff, was referred to arbitrators, who made an award in their favour for $170, from which the defendant appealed without the payment of costs. On a rule to show cause why the appeal should not be stricken off, the court below, (M’Caimont, President), was of opinion that the county mi'ght appeal without the payment of costs; and therefore sustained the appeal. The cause afterwards came on to be tried, when the plaintiff gave…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Under the former Act of 1810, on compulsory arbitrations, it is ruled in Carpentier v. The Delaware Insurance Company, (2 Binn. 264), that bodies corporate are entitled to appeal without entering into a recognizance. The grounds of the decision are, that some of the conditions for an appeal, as for example, entering special bail, are incompatible with the nature of a corporation; and as it could not be intended that the Legislature designed to deprive corporations of the benefit of a trial by jury, they had the right to appeal without…
2Cases cited1 opinion
- Carpentier v. Delaware InsuranceSupreme Court of Pennsylvania · 1810
3Cited by2 opinions
- Borough of Pottsville v. CurrySupreme Court of Pennsylvania · 1859
- Monaghan v. City of PhiladelphiaSupreme Court of Pennsylvania · 1857