Barry v. Randolph
Supreme Court of Pennsylvania
IN ERROR. UPON a writ of error to the Common Pleas of Philadelphia county, the case was thus: An award was made by arbitrators in favour of Randolph the plaintiff below, j •* * • from which the defendant appealed, and entered into the recognisance required by law: but no notice of the time and o > , 1 , , -, ,. , place oí entering the appeal, and ox the name ot the surety, having been given to the plaintiff, in conformity with the following rule, the Common Pleas struck off…
Read the full summary
IN ERROR. UPON a writ of error to the Common Pleas of Philadelphia county, the case was thus: An award was made by arbitrators in favour of Randolph the plaintiff below, j •* * • from which the defendant appealed, and entered into the recognisance required by law: but no notice of the time and o > , 1 , , -, ,. , place oí entering the appeal, and ox the name ot the surety, having been given to the plaintiff, in conformity with the following rule, the Common Pleas struck off the appeal, “ December 16,1809. Ordered that the party appealing from “ the report of the arbitrators, shall give notice…
1Opinion of the Court
Tilghman C. J.
The only question in this case, is, whether the court of Common Pleas had power to make the rule, obliging the appellant to give notice of the time and' plfice of entering the appeal and of the names of the sureties. Every court of record has an inherent power to make rules for the transaction of its business, provided such rules are not contradictory to the law of the land. The act of assembly on which this question arises, directs, in sections 11th, 12th, and 13th, that the party appellant shall within fifteen days after the entry of the award of the arbitrators on the docket,…
2Cited by4 opinions
- Standard Underground Cable Co. v. Johnstown Telephone Co.Superior Court of Pennsylvania · 1904
- Duke v. TrippeSupreme Court of Georgia · 1849
- Snyder v. BauchmanSupreme Court of Pennsylvania · 1822
- Com. v. Stultz, J.Superior Court of Pennsylvania · 2015