Legal Opinion

Gratz v. Phillips

Supreme Court of Pennsylvania

Decided May 24, 1826PublishedCited by 4 opinions

IN ERROR. ON a writ of error to the Court of Common Pleas of Lancaster county, it appeared that this was an amicable action, in which Simon, Joseph, and Jacob Gratz, administrators of Michael Gratz, deceased, were plaintiffs, and Levi and Leah Phillips, and Beliak Cohen, defendants, entered on a written agreement in the following words: “We agree, that the above action be entered in the Common Pleas of Lancaster county, of the Term of January, 1822; and we do hereby refer…

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IN ERROR. ON a writ of error to the Court of Common Pleas of Lancaster county, it appeared that this was an amicable action, in which Simon, Joseph, and Jacob Gratz, administrators of Michael Gratz, deceased, were plaintiffs, and Levi and Leah Phillips, and Beliak Cohen, defendants, entered on a written agreement in the following words: “We agree, that the above action be entered in the Common Pleas of Lancaster county, of the Term of January, 1822; and we do hereby refer all matters unsettled and at variance between the parties, to. Caspar Shaffner, jr., John Reynolds, and Joseph Ogelby, or…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

From the nature of this case, the plaintiffs in error have considerable difficulties to encounter. This court is asked, to reverse the judgment of the Court of Common Pleas, and to affirm the award. Now it is not denied, that the Court of Common Pleas had a right to set aside the award* not only because it was against law, but even on consideration of the merits of the ease. The act of 1705, under which this reference was made, gives to the award the effect of a verdict, provided it be approved of by the court, and the court have always…

2Cited by4 opinions

  1. Simon Gratz's Executors v. CohenSupreme Court of the United States · 1851
  2. Bellas v. LevySupreme Court of Pennsylvania · 1829
  3. Gratz v. PhilipsSupreme Court of Pennsylvania · 1831
  4. Gratz v. PhilipsSupreme Court of Pennsylvania · 1830

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