Pennington v. Bowman
Supreme Court of Pennsylvania
ERROR to the common pleas of Venango county. Various matters of dispute and controversy having arisen between Andrew Bowman and Simon Pennington, the parties in this case, they, by their agreement in writing, executed under their hands and seals, dated the 8th day of March 1839, submitted, “ all disputes and controversies that then existed between them, to the final award of Henry Homan, W. W. Shaw, and Edward Sweaney;” agreeing expressly thereby, that their reference to the…
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ERROR to the common pleas of Venango county. Various matters of dispute and controversy having arisen between Andrew Bowman and Simon Pennington, the parties in this case, they, by their agreement in writing, executed under their hands and seals, dated the 8th day of March 1839, submitted, “ all disputes and controversies that then existed between them, to the final award of Henry Homan, W. W. Shaw, and Edward Sweaney;” agreeing expressly thereby, that their reference to the arbitrators, and all the proceedings had in pursuance thereof, should be considered as had under the act of assembly…
1Opinion of the Court
The opinion of the coixrt was delivered 'by
Kennedy, J.
We can not say that the first exception has been sustained; for it is perhaps more than probable, from the terms of the submission, that every thing, upon which the arbitrators have awarded, was intended by the parties to be submitted to them. The great difficulty arises under the second exception. It was said in *285the argument, by the counsel for the plaintiff in error, that the act of assembly, under which the agreement of submission is declared by the parties on its face to be made, was repealed by the act of the 16th of June 1836; and…
2Cases cited3 opinions
- Kunckle v. KunckleSupreme Court of the United States · 1788
- Coleman v. LukensSupreme Court of Pennsylvania · 1839
- Carrew v. WillingSupreme Court of the United States · 1785
3Cited by5 opinions
- Steele v. LinebergerSupreme Court of Pennsylvania · 1868
- Glass v. BlairSupreme Court of Pennsylvania · 1846
- Bellas v. DewartSupreme Court of Pennsylvania · 1851
- Parlin v. BarnettOregon Supreme Court · 1899
- Wilson v. BrownSupreme Court of Pennsylvania · 1876