Washington & Pittsburg Turnpike Co. v. Cullen & Crane
Supreme Court of Pennsylvania
In Error. AN amicable action of covenant, in which .the defendants in error were plaintiffs, and the plaintiffs in error defendants, was entered in the Court of Common Pleas of Aliegheriy county. It was referred under the Act of 20th March, ° J J • 1810, to arbitrators, who made an award in favour of ■ the plaintiffs, on the 1st October, 1821, for eight thousand six bundred and twenty-three dollars fifty-seven cents.
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In Error. AN amicable action of covenant, in which .the defendants in error were plaintiffs, and the plaintiffs in error defendants, was entered in the Court of Common Pleas of Aliegheriy county. It was referred under the Act of 20th March, ° J J • 1810, to arbitrators, who made an award in favour of ■ the plaintiffs, on the 1st October, 1821, for eight thousand six bundred and twenty-three dollars fifty-seven cents. On the 13th of the same month, William Lea, as agent of the defendants, entered an appeal, .and Moses Coulter, became bound as surety, in a recognisance,, conditioned “ that the…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J. —
This action was brought by Cullen Es? Crane, the plaintiffs below, against The Washington and Pitts-burg Turnpike Company, who are plaintiffs in error) The cause was submitted to arbitrators, who made an award in favour of the plaintiffs. The defendants appealed from the award, and the Court of Common Pleas quashed the appeal, because not entered according to law. The entry of the appeal was alleged to be defective in two respects — 1st. The recognisance entered into by the defendants and their sureties, for prosecuting the appeal with…