Legal Opinion

Dickerson v. Rorke

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 6 opinions

Error to the District Court of Philadelphia. This was an action of assumpsit by James Rorke against William R. Dickerson, upon an award. The terms of the submission proved to have been signed by the parties in the spring of 1854, were as follows:— “We agree to leave all matters at variance between us to the arbitration of T. S. Woolston, Abraham Lower, and any third person they may choose; and their decision, or a majority of them, shall be final and without appeal.”

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Error to the District Court of Philadelphia. This was an action of assumpsit by James Rorke against William R. Dickerson, upon an award. The terms of the submission proved to have been signed by the parties in the spring of 1854, were as follows:— “We agree to leave all matters at variance between us to the arbitration of T. S. Woolston, Abraham Lower, and any third person they may choose; and their decision, or a majority of them, shall be final and without appeal.” This submission was traced to the possession of the defendant, but was not produced by him, on notice. It was shown to have…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

— The propositions laid down in the case of Robinson v. Bickley rule this case against the plaintiff in error, and we only repeat them with more specific reference to this case when we say:—

1. When an award is made under a submission, the presumption of law is, that nothing is included in the award ^as not submitted, and that all that was submitted is included; but the contrary may be shown.

2. Where a submission is in writing, it cannot. be directly revoked except by a written instrument given to the arbitrators, or a majority of them.

3.…

2Cited by6 opinions

  1. Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co.Supreme Court of Pennsylvania · 1932
  2. In re Arbitration Award between Lower Yoder Township Police & Lower Yoder TownshipCommonwealth Court of Pennsylvania · 1995
  3. Klair v. Philadelphia, Baltimore & Washington RailroadSuperior Court of Delaware · 1910
  4. Carr v. Joyce, Pennsylvania Court of Common Pleas, Delaware County1975
  5. Horne v. WelshSuperior Court of Pennsylvania · 1908

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