Hertzog v. Ellis
Supreme Court of Pennsylvania
Immediately afterspecialbail is entered in . compliance with a notice, either, party is intitled to enter a rule of arbitration, though before the return day of the term of which the suit is docketed. And in all cases a Suit is entered within the . meaning of thé arbitration law, from the moment it is placed on the docket of the prothortbtary.
1Opinion of the Court
Tilghman C. J.
The plaintiff in this cause gave notice to the defendant previous to the commencement of the action, that unless he entered special bail by a certain time, a capias would be issued against him. This is a practice peculiar to Pennsylvania under an old act of assembly. The defendant entered bail, whereupon the plaintiff immediately entered a rule of reference, and conducted the proceedings so speedily, as to obtain judgment and issue execution returnable to the term next succeeding the commencement of the action. The question is, whether this proceeding was regular. It depends…
2Cited by7 opinions
- Hutchinson v. Manchester Street RailwaySupreme Court of New Hampshire · 1905
- Jones v. OrumSupreme Court of Pennsylvania · 1835
- Moulson v. ReesSupreme Court of Pennsylvania · 1813
- Barbe v. Davis, Pennsylvania Court of Common Pleas, Philadelphia County1835
- Fehr v. ReichSupreme Court of Pennsylvania · 1860
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