Bayard v. Hawk
Supreme Court of Pennsylvania
Error to Westmoreland county. This suit in which John Haip.k was plaintiff, and A. W. Bayard defendant below, was instituted before a justice of the peace, by agreement of the parlies. The entry of it on the justice’s docket was in the following words: uJohn Hawk v. A. W. Bayard. Amicable action by the parties, May 18th, 1820, arising from a book account, not exceeding 100 dollars.” The same day the parties take a rule to refer.
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Error to Westmoreland county. This suit in which John Haip.k was plaintiff, and A. W. Bayard defendant below, was instituted before a justice of the peace, by agreement of the parlies. The entry of it on the justice’s docket was in the following words: uJohn Hawk v. A. W. Bayard. Amicable action by the parties, May 18th, 1820, arising from a book account, not exceeding 100 dollars.” The same day the parties take a rule to refer. June 15th referees report; and judgment was entered on the award of referees by way of non suit for costs. If further appeared from the return pf the justice, on the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy; J.
The error complained of in this case, is thatt.be court of Common Please refused to quash the appeal. According *175to the provisions of the third and fourth sections of the act of assembly giving jurisdiction to justices of the peace in cases arising out of contract, not exceeding one hundred dollars, neither party can tiompel the other to refer the cause to the decision of referees. It is only by the consent of both parties that it can be refered to - arbitrators, who after hearing the proofs and allegations of the parties, are required by the…
2Cases cited1 opinion
- M'Kim v. BrysonSupreme Court of Pennsylvania · 1816