Legal Opinion

Boyd v. Stubbs

Supreme Court of Pennsylvania

Decided May 15, 1838PublishedCited by 1 opinion

ERROR to the district court of Lancaster county. John Stubbs and Daniel Stubbs, administrators of Vincent Stubbs deceased, against Nicholas Boyd, surviving partner of Stephen and Nicholas Boyd.

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ERROR to the district court of Lancaster county. John Stubbs and Daniel Stubbs, administrators of Vincent Stubbs deceased, against Nicholas Boyd, surviving partner of Stephen and Nicholas Boyd. Amicable action to November term 1823. On the 15th September 1823, the parties entered into and filed this agreement : “We mutually agree that all matters in variance between the parties be referred, by rule of court, to Jeremiah Brown, John Kirk, and Joshua Webster, or any two of them, who are to meet on the 26th instant, at the house of John Ballance, innkeeper, and make report of their proceedings…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

This submission was an amicable one, created by the mutual consent of the parties to leave the decision of the matters in dispute between them to judges of their own choosing. It has none of the features of a compulsory arbitration under the act of 20th March 1810, by which, as either party might compel a reference against the will of the other, an appeal is allowed. Before the act of 1810, an appeal from an award of arbitrators was never heard of, and since that act it has taken place only under its provisions. Being thus an amicable…

2Cited by1 opinion

  1. Painter v. KistlerSupreme Court of Pennsylvania · 1868

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