Miller v. Umbehower
Supreme Court of Pennsylvania
In the Court of Common Pleas of BerJes county, to which this writ of error issued, the case was this: Samuel' Umbehower, the plaintiff below, brought an action of assault and battery in that court,. against Jacob Miller, the defendant below. The action was referred to arbitrators under the act regulating arbitrations, passed the 20th March, 1810. An award was made in favour of the plaintiff for forty-five dollars, and filed in the. oiSca, of the prothonotary.
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In the Court of Common Pleas of BerJes county, to which this writ of error issued, the case was this: Samuel' Umbehower, the plaintiff below, brought an action of assault and battery in that court,. against Jacob Miller, the defendant below. The action was referred to arbitrators under the act regulating arbitrations, passed the 20th March, 1810. An award was made in favour of the plaintiff for forty-five dollars, and filed in the. oiSca, of the prothonotary. The defendant appealed to the Court’. X Common Pleas. The plaintiff died pending the appeal, .wW?3i/pon the court permitted Philip…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
At common law the action abated by the death . of either party. By the act of 13th of April, 1791, sect. 8, (3 Sm. L. 28,) in case of the death of either party before final judgment, the action does not abate, “ if the cause of action does by law surviveBut this'does not help the plaintiff, because the cause *32of action in this case does not by law survive. The counsel for the plaintiff rely on the act regulating arbitrations, by the tenth section of which, the award of the arbitrators has the effect of a judgment against the defendant,…
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