Legal Opinion

Moore v. Miller

Supreme Court of Pennsylvania

Decided June 13, 1818PublishedCited by 2 opinions

In Error. THE plaintiff in error brought an action against the defendant in the Common Pleas of Union county, on an award in writing, and the Court left it to the jury to determine what was the meaning of the arbitrators, which Marr tended was error.

1Opinion of the Court

By The Court.

The Judge, after expressing his own opinion on the construction of the award, left it to .the jury to determine what was the' intention of the referees. T his was error. The jury should have been told what was the legal import of the award, and upon that point nothing should have been left to them, because it was a pure unmixed matter of law. The judgment, therefore, must be reversed, and a venire facias de novo awarded.

Judgment reversed, and a venire facias de novo awarded.

2Cited by2 opinions

  1. Watson v. BlaineSupreme Court of Pennsylvania · 1824
  2. Sidwell v. EvansSupreme Court of Pennsylvania · 1830