McGlue v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1884, No. 53. Debt, by Edward S. McGlue, Sr., against the City of Philadelphia.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1884, No. 53. Debt, by Edward S. McGlue, Sr., against the City of Philadelphia. The parties, by their counsel, filed the following agreement: “ It is hereby agreed by and between the parties to the above entitled suit that all matters in controversy between them in said action shall be submitted to the decision of Samuel Gonnley, Esq., as referee, under the provisions of the Act of Assembly, approved June 16, A. D., 1836, and the supplement thereto, without waiving the right of either party to exceptions to…
1Opinion of the CourtChief Justice Merour
This contention arises from an agreement to submit all matters of controversy in a pending suit to a referee under the voluntary Arbitration Act of 16th June, 1836. The agreement fails to specify whether the reference is under the third or the sixth section of the Act. The party against *238whom the award is made may file exceptions thereto under either section for plain mistake in matter of fact or matter of law. If, on exceptions so filed to an award, it shall appear that such mistake has been made, the seventh section of the Act makes it lawful for the court to refer the cause back to the same…
2Cases cited1 opinion
- Etter v. EdwardsSupreme Court of Pennsylvania · 1835
3Cited by2 opinions
- Watkins v. HughesSupreme Court of Pennsylvania · 1903
- Damon v. BergerSuperior Court of Pennsylvania · 1959