Horton v. Stanley
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case the parties had filed an agreement in writing submitting “ all matters in variance in the above case to the decision of James Caldwell, Joseph Randall, and Albert G. Pearson, the award of whom, or a majority of whom, to be final and conclusive, and neither subject to appeal, exception or stay of execution.” There was an award for the plaintiff. The defendant filed exceptions.
Read the full summary
IN this case the parties had filed an agreement in writing submitting “ all matters in variance in the above case to the decision of James Caldwell, Joseph Randall, and Albert G. Pearson, the award of whom, or a majority of whom, to be final and conclusive, and neither subject to appeal, exception or stay of execution.” There was an award for the plaintiff. The defendant filed exceptions. The case came before the court upon a motion of the plaintiff’s counsel to dismiss the exceptions, without an inquiry into their merits, upon the ground that the defendant had agreed there should be no…
1Opinion of the Court
The opinion of the Court
(Barnes, President; Coxe, J.; and Pettit, J.)
was delivered by
Pettit, J.
It is conceded that the submission was under the act of assembly of 1705. 5 Serg. & Rawle 51.
The general character of this act has been very often considered, and many of the principles which govern the courts upon applications to set aside awards made under it, are too firmly established to be again the subject of discussion. Thus, where there has been corruption or misbehaviour in the referees, or plain and obvious mistake in the proceedings, either in matter of fact or matter of law, the court…
2Cases cited1 opinion
- Large v. PassmoreSupreme Court of Pennsylvania · 1819
3Cited by2 opinions
- Lackawanna Iron & Steel Co. v. Lackawanna & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1930
- Wilson v. YoungSupreme Court of Pennsylvania · 1848