Legal Opinion

Kimble v. Saunders

Supreme Court of Pennsylvania

Decided June 9, 1821PublishedCited by 4 opinions

Error to theCourt of Common Pleas of Northumberland county. ■ - Debt by Abraham Saunders, the plaintiff below, against William.Kimble, before á justice of the .peace, for á sum under 100 dollars. The justice gave judgment.for the plaintiff for 17 dollars dnd 20 cents, and the defendant appealed. The plaintiff afterwards entered a rule of arbitration, and the arbitrators filed a report in favour of the plaintiff, dated the 20th May, 1813, for the sum of 8 dollars, 65 cents.

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Error to theCourt of Common Pleas of Northumberland county. ■ - Debt by Abraham Saunders, the plaintiff below, against William.Kimble, before á justice of the .peace, for á sum under 100 dollars. The justice gave judgment.for the plaintiff for 17 dollars dnd 20 cents, and the defendant appealed. The plaintiff afterwards entered a rule of arbitration, and the arbitrators filed a report in favour of the plaintiff, dated the 20th May, 1813, for the sum of 8 dollars, 65 cents. The time that had been appointed for the meeting of the.arbitrators, was on the 3d May, 1813, but it did notappear by the…

1Per curiam

There are two errors assigned in this case. 1st. That the arbitrators did not meet on the 3d May,- the day appointed for their first meeting. 2d. That the plaintiff should not have had judgment for costs accrued on the .appeal, because he recovered less in the Common Pleas, than before the justice. As to. the first error. It does not appear whether the arbitrators met on the 3d May, or not, nor is it necessary that it should appear. The arbitrators have dated the award the 20th May, without taking.any notice of the times of meeting. That is sufficient, and this court will not presume, for the…

2Cited by4 opinions

  1. Franklin v. WraySupreme Court of Pennsylvania · 1832
  2. Grace v. AltemusSupreme Court of Pennsylvania · 1827
  3. Sanner v. Cook's AdministratorsSupreme Court of Pennsylvania · 1827
  4. Wells v. Scott, Pennsylvania Court of Common Pleas, Philadelphia County1836

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