Jones v. Stratton
Supreme Court of Pennsylvania
RULE to shew cause why the judgment entered on an awar(j 0f arbitrators should not be opened, and the rule of . r ’ arbitration stricken off. The action was account render, in which the defendant, a . , . resident in New Jersey, was held to bail in 3,000 dollars.
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RULE to shew cause why the judgment entered on an awar(j 0f arbitrators should not be opened, and the rule of . r ’ arbitration stricken off. The action was account render, in which the defendant, a . , . resident in New Jersey, was held to bail in 3,000 dollars. The plaintiff, before the entry of special bail, and before the return day of the writ, viz, on 9th May, 1817, entered a rule of reference, a copy of which was served on the defendant, Gloucester county, New Jersey, On the 24th May, the defendant not appearing, arbitrators were appointed ex parte, a copy of the certificate of…
1Opinion of the Court
Gibson J.
This is an action of account render, referred to arbitrators, under the provisions of the arbitration act, of the 20th.March, 1810, in which the arbitrators have awarded, *77that the defendant do account with the plaintiff. Several exceptions have been taken to the proceedings, but the Court think it necessary to express an opinion on only one. It is * * i * . * very far from being clear, that the action of account render, is at all within the purview of the arbitration act. The provisions of the act are in many respects so inapplicable to this form of action, that inconvenience and…
2Cited by1 opinion
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