Ruston v. Administrators of Dunwoody
Supreme Court of Pennsylvania
^ behalf of the plaintiff a motion was made by Rawle to vJ' strike off the rule of reference, which had been made in this cause, upon the ground that the original defendant was dead, that the rule had been assented to by the plaintiff with the expectation that from a personal understanding with the defendant he would derive certain accommodations, which his administrators who were now parties to the action could not give, and that the rule being entered into between the…
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^ behalf of the plaintiff a motion was made by Rawle to vJ' strike off the rule of reference, which had been made in this cause, upon the ground that the original defendant was dead, that the rule had been assented to by the plaintiff with the expectation that from a personal understanding with the defendant he would derive certain accommodations, which his administrators who were now parties to the action could not give, and that the rule being entered into between the plaintiff and Dunwoody, it could not operate as a rule between the plaintiff and the administrators of Dunwoody. He cited 3…
1Per curiam
Rules of reference should not lightly be struck off, after a party has felt the pulse of the referees at a meeting, and concessions have heen-jnade which cannot be afterwards used. Upon the circumstances of this case we must continue the rule of reference. (a)
Vid. Turner v. Cowper, Barnes 2l0.
2Cited by1 opinion
- Robinson v. BickleySupreme Court of Pennsylvania · 1858