Mechanics' Bank v. Fisher
Supreme Court of Pennsylvania
This was an appeal by the defendant from a decision of Tod, J., at the Circuit Court in Dauphin county, setting aside, on motion of the plaintiff, a rule of reference and an award of arbitrators. The action was by summons in debt on bond, not exceeding five thousand dollars.
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This was an appeal by the defendant from a decision of Tod, J., at the Circuit Court in Dauphin county, setting aside, on motion of the plaintiff, a rule of reference and an award of arbitrators. The action was by summons in debt on bond, not exceeding five thousand dollars. The material facts appeared on the record, and were as follows:— On the 19th of July, 1828, the, defendant entered a rule of reference, declaring his intention to have arbitrators chosen on the 9th of August, 1828. On the 24th of July, this rule was duly served by the defendant , on the plaintiff. On tbe 26th of July, the…
1Opinion of the Court
Smith, J.,
(after shortly stating the facts,) delivered the opinion of the court. ,. .
I consider the discontinuance of this suit, on the 28th day of July, 1828, by Charles Snider, irregular and void. ' The authority to discontinue, was to Obed Fahnestock, perspnally, and ought to have been strictly .pursued. Charles Snider had no authority from the bank to discontinue their suit, or move in the action; he, in fact, in this respect, was a stranger to-the bank; and at the time he'recorded, or entered the discontinuance, had nothing before him, showing any authority to him for doing so. If so,…
2Cases cited4 opinions
- M'Cullough v. GuetnerSupreme Court of Pennsylvania · 1807
- Pollock v. HallSupreme Court of Pennsylvania · 1800
- Jackson v. WinchesterSupreme Court of Pennsylvania · 1800
- Wikoff v. PerotSupreme Court of Pennsylvania · 1791
3Cited by12 opinions
- Shapiro v. PhiladelphiaSupreme Court of Pennsylvania · 1932
- United States v. OntiverosCourt of Appeals for the Tenth Circuit · 2017
- Brown v. T. W. Phillips Gas and Oil Co.Supreme Court of Pennsylvania · 1950
- Quattrone v. QuattroneSuperior Court of Pennsylvania · 1976
- Camp v. Bank of OwegoSupreme Court of Pennsylvania · 1840
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