Thompson v. White
Supreme Court of Pennsylvania
A RULE was obtained ©n a former day, by the fendant, to shew cause why the appeal from an award of arbitrators in his favour, should not be dismissed, and at the same time, the plaintiff obtained a rule, to shew cause why , , , , ^ -J the award should not be set aside. insisted, that the plaintiff had not entered his appeal, conformably to the act of assembly, the 11th section of which, required °f the appellant, an oath or affirmation, that the appeal was not 11 entered for…
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A RULE was obtained ©n a former day, by the fendant, to shew cause why the appeal from an award of arbitrators in his favour, should not be dismissed, and at the same time, the plaintiff obtained a rule, to shew cause why , , , , ^ -J the award should not be set aside. insisted, that the plaintiff had not entered his appeal, conformably to the act of assembly, the 11th section of which, required °f the appellant, an oath or affirmation, that the appeal was not 11 entered for the purpose of delay, “ but because such party firmly believed injustice had been done.” The nature and degree of…
1Opinion of the Court
On the following day, the opinion of the Court was delivered by
Tilghman C. J.
In this case, an arbitration was entered at the request of the plaintiff,' under the act of 20th March, 1810, entitled, “ An Act regulating Arbitrations.” The arbitrators made an award in favour of the defendant, which was filed in the office of the prothonotary. The plaintiff en*140tered an appeal; but not having made the oath required by law, the appeal has been dismissed. The plaintiff now excepts to the award, and moves the Court to set it aside, because, as hé alleges, the'arbitrators examined a material witness on…
2Cited by5 opinions
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- Ranck v. BeckerSupreme Court of Pennsylvania · 1825
- Holden v. WigginsSupreme Court of Pennsylvania · 1832
- Le Barron v. HarriottSupreme Court of Pennsylvania · 1830
- Wells v. Scott, Pennsylvania Court of Common Pleas, Philadelphia County1836