King v. Sloan
Supreme Court of Pennsylvania
In Error. THIS was a writ of error to the Common Pleas of Armstrong county. Thé case came into the Court below by appeal from, the judgment of a justice of the peace. A declaration was filed in assumpsit, to which the defendant, Sloan, pleaded an award of arbitrators in his favour, in a former suit, in the same Court at March Term 1811, for the same cause of action, in which the same parties were plaintiff and defendant, and that it had not been reversed on appeal.
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In Error. THIS was a writ of error to the Common Pleas of Armstrong county. Thé case came into the Court below by appeal from, the judgment of a justice of the peace. A declaration was filed in assumpsit, to which the defendant, Sloan, pleaded an award of arbitrators in his favour, in a former suit, in the same Court at March Term 1811, for the same cause of action, in which the same parties were plaintiff and defendant, and that it had not been reversed on appeal. To this plea the plaintiff demurred, and judgment was given for the defendant. ' It appeared, on examining the record referred to…
1Opinion of the Court
Tilghman G. J.
To this action the defendant pleaded, that in another action for the same cause brought by the plaintiff against, him, the matter was submitted to arbitrators. *78who made an award in his favour, whereupon the plaintiff appealed to the Court of Common Pleas, in which court the plaintiff filed his declaration, to which the defendant pleaded, and issue was joined, and the jury being called, &c., the plaintiff suffered a nonsuit. To this plea the plaintiff demurred, and the defendant joined in demurrer.
The plaintiff contends, that on the entry of the appeal, the effect of the award is…
2Cited by2 opinions
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