Woods v. Connor
Supreme Court of Pennsylvania
Sept. 24. On the 5th of December, 1846, Connor obtained a judgment before a justice of the peace,- against Woods. An appeal having been taken to the Common Pleas, the defendant entered a rule of reference. On the 24th February following, the referees made an award for plaintiff, and judgment nisi was entered. On the 11th March, the defendant appeared, and suggesting his freehold, claimed a stay of execution.
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Sept. 24. On the 5th of December, 1846, Connor obtained a judgment before a justice of the peace,- against Woods. An appeal having been taken to the Common Pleas, the defendant entered a rule of reference. On the 24th February following, the referees made an award for plaintiff, and judgment nisi was entered. On the 11th March, the defendant appeared, and suggesting his freehold, claimed a stay of execution. On the 16th, a fi. fa. issued, which the court refused to set aside, considering the defendant, though a freeholder, not entitled -to a stay of execution. This refusal, and the error in…
1Opinion of the CourtBell, J.
The 27th section of the act of the 16th June, 1836, regulating compulsory arbitrations, gives to either *431party the right of appeal from an award of arbitrators, provided the same be entered within twenty days after award made and filed in the proper ofiice; and the 34th section provides that if an appeal shall not be entered within that time, “ it shall be the duty of the prothonotary, at the request of the party in whose favour the award shall have been made, to issue execution, or such other process as may be necessary and proper to carry into effect the judgment entered on such award.” This…
2Cases cited4 opinions
- Sims v. HamptonSupreme Court of Pennsylvania · 1815
- Mayes v. JacobySupreme Court of Pennsylvania · 1822
- Thompson v. GiffordSupreme Court of Pennsylvania · 1824
- Frantz v. KaserSupreme Court of Pennsylvania · 1817