Mayes v. Jacoby
Supreme Court of Pennsylvania
In Error. A RULE having been granted by the Court of Common ^eas °f Washington county, on the plaintiff below, the defendant in error, to shew cause why the appeal entered by _ * i j him in this case, from an award of arbitrators, should not be sct as^ei u appeared, on shewing cause, that on the 10th of March, 1819, the case was referred to arbitrators under the Act of the 20th of March, 1810, who on the 9th of July following, filed an award in favour of the defendants.
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In Error. A RULE having been granted by the Court of Common ^eas °f Washington county, on the plaintiff below, the defendant in error, to shew cause why the appeal entered by _ * i j him in this case, from an award of arbitrators, should not be sct as^ei u appeared, on shewing cause, that on the 10th of March, 1819, the case was referred to arbitrators under the Act of the 20th of March, 1810, who on the 9th of July following, filed an award in favour of the defendants. On the 30th of July, the plaintiff appealed from the award, paid the costs, made the requisite affidavit, and gave security.…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson ]. —
The appeal was entered on the twenty-first day excluding that on which the award was filed, and, therefore, out of time ; but it is also clear, that the delay of more than two years before the motion to quash, was a waiver of *527all objections that might originally have been made, on the ground of defects arising out of the mere omission of circumstances : such, for instance, as a defective acknowledgment of the recognisance of bail. But it is argued, that the judgment on the award having become absolute on the expiration of the twenty days, no…
2Cases cited1 opinion
- Morrison v. WeaverSupreme Court of Pennsylvania · 1818
3Cited by4 opinions
- Lanigan v. LEWISSuperior Court of Pennsylvania · 1967
- Beidman v. VandersliceSupreme Court of Pennsylvania · 1830
- Fitzgerald v. ChapmanSuperior Court of Pennsylvania · 1967
- Woods v. ConnorSupreme Court of Pennsylvania · 1847