Bachman v. Reigart
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Lancaster county. Error was brought by the plaintiff in error, who was defendant below, to reverse a judgment entered on a report of arbitrators against him. The submission was in the following words: “Amicable action on the case.
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IN ERROR. Error to the Court of Common Pleas of Lancaster county. Error was brought by the plaintiff in error, who was defendant below, to reverse a judgment entered on a report of arbitrators against him. The submission was in the following words: “Amicable action on the case. We do agree to submit all matters in variance, in the above suit, to Casper Shaffner, jr. Jacob Sherer and John Whiteside, or any two of them, who are to audit the same, and make report to the next Court of Common Pleas for the county of Lancaster. Exparte rule on one days notice.” This agreement was indorsed “under…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The distinction between'a reference 'of all matters in dispute between the parties in the cause/' and a reference 'of all matters in dispute in the cause between the parties,’ has been thought too nice for the general understanding; and to effect the object of the former more certainly; it has been recommended by judge Buller, that the reference be 'of all matters in variance, between the parties’ omitting the words 'in the cause,’ and of the latter, that it be 'of all matters in dispute in the cause omitting the Words 'between the…
2Cases cited2 opinions
- Nicholas v. WolfersbergerSupreme Court of Pennsylvania · 1819
- Shoemaker v. MeyerSupreme Court of Pennsylvania · 1818