Pancoast v. Minter

Forrest, J.,

— In this action of sci fa. sur mechanics’ lien the amount claimed is less than $2,000. Defendants filed a praecipe for appointment of arbitrators. Plaintiff has petitioned to strike the case from the arbitration list and to have the case placed on the jury trial list instead. He contends that in the absence of agreement of the parties, mechanics’ lien actions may not be subjected to arbitration. Defendants filed answer to the petition upon which the case was ordered on the argument list. An act of the General Assembly provides:

“The several courts of common pleas . . . may, by…