Legal Opinion

Okison v. Flickinger

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 4 opinions

ERROR to the Common Pleas of Huntingdon county. William Okison and John Flickinger being the parties in interest in two suits pending in court, entered into the following agreement: Robert Barr ) v. > John Campbell.) & William Okison "] v. I T. l John Flickinger.J In the Common Pleas of Huntingdon county.

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ERROR to the Common Pleas of Huntingdon county. William Okison and John Flickinger being the parties in interest in two suits pending in court, entered into the following agreement: Robert Barr ) v. > John Campbell.) & William Okison "] v. I T. l John Flickinger.J In the Common Pleas of Huntingdon county. “ We, the undersigned, parties to the within suits, this day agree to refer the within suits to Judge Junkins, Major John Zimmerman, of perry and MiJchael Bushyj of Juniata county, to meet at the house of Nicholas Ickes, in Ickesburg, Perry county, on the 17th day of August next. And we…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

Could the award in this case be supported under the Act of 1806, or the Act of 1836, it would be the duty of the court to confirm it, and they would give the Act an enlarged interpretation to effect the object. But it cannot be brought within the purview of the Act of 1806, because that act requires that the parties shall agree that their submission be made a rule of court ; which is not done here, but, on the contrary, the parties bind themselves under a penalty to abide by the award, which rather leads to a contrary inference. The…

2Cases cited1 opinion

  1. Welty v. ZentmyerSupreme Court of Pennsylvania · 1835

3Cited by4 opinions

  1. Scholler Bros. v. Otto A. C. Hagen Corp.Superior Court of Pennsylvania · 1945
  2. Fourth Avenue Baptist Church v. SchreinerSupreme Court of Pennsylvania · 1878
  3. Steele v. LinebergerSupreme Court of Pennsylvania · 1868
  4. Brendlinger v. YeagleySupreme Court of Pennsylvania · 1867

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