Orlady v. M'Namara
Supreme Court of Pennsylvania
ERROR to the common pleas of Huntingdon county. Martin Orlady against George M’Culloch and Thomas M’Namara, trading under the firm of M’Culloch & M’Namara. This was an fiction of debt, in which the writ was served upon M’Namara alone; and the plaintiff filed a declaration and referred the cause to arbitrators, who made a report in favour of the plaintiff for four hundred and twenty-six dollars.
Read the full summary
ERROR to the common pleas of Huntingdon county. Martin Orlady against George M’Culloch and Thomas M’Namara, trading under the firm of M’Culloch & M’Namara. This was an fiction of debt, in which the writ was served upon M’Namara alone; and the plaintiff filed a declaration and referred the cause to arbitrators, who made a report in favour of the plaintiff for four hundred and twenty-six dollars. The defendant did not enter an appeal, but after execution issued, he came in and asked the court to set aside the award on the ground that the declaration contained no cause of action. The court below…
1Per curiam
This case differs from the Erie Bank v. Brawley in an essential particular. There, the award was set aside because it was supposed the cause of action was not within the compulsory arbitration law; a result which left the action depending and open to further prosecution, as if it had never been out of court upon a rule. Here the award was set aside upon the allegation that the declaration contains no cause of action; a result which would deprive the plaintiff of a right to proceed. He might perhaps be permitted to amend; but as a valid amendment would substitute a cause of action…
2Cited by4 opinions
- Damon v. BergerSuperior Court of Pennsylvania · 1959
- Wynn v. BellasSupreme Court of Pennsylvania · 1859
- Bacon v. WardMassachusetts Supreme Judicial Court · 1813
- Jenifer v. Commissioners of Hamilton CountyOhio Superior Court, Cincinnati · 1858