Cutler & Hinds v. Richley
Supreme Court of Pennsylvania
Appeal, No. 470, Jan. T., 1892, by-defendant, Frederick Richley, trustee of Sarah Spires et al., from decree of C. P. Erie Co., May T., 1888, No. 104, striking off appeal from award of legal arbitrator, etc. Rule by plaintiff to strike off appeal from award of legal arbitrator, and by defendant to strike off rule of reference in assumpsit for counsel fees.
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Appeal, No. 470, Jan. T., 1892, by-defendant, Frederick Richley, trustee of Sarah Spires et al., from decree of C. P. Erie Co., May T., 1888, No. 104, striking off appeal from award of legal arbitrator, etc. Rule by plaintiff to strike off appeal from award of legal arbitrator, and by defendant to strike off rule of reference in assumpsit for counsel fees. Plaintiff’s attorney entered the following rule to refer: “And now, to wit: April 11, 1888, agreeably to the acts of assembly in such case made and provided the plaintiffs, by their attorney, enter a rule of reference, and state their…
1Opinion of the Court
Opinion by
Mr. Justice Sterrett,
One of the specifications of error is the order of court setting aside the appeal from award of the “ legal arbitrator,” the other is the refusal of the court to strike off the rule of reference and set aside “ all proceedings under the same, for the reason that the act under which the rule of reference was entered is unconstitutional.”
It cannot be seriously doubted that, in entering the rule and choosing the “ legal arbitrator,” the parties intended to proceed under the special act of April 6, 1870, P. L. 948, entitled “ an act relative to arbitrations in…
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