M'Kennan v. Henderson
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Juniata county. James Henderson brought an action on the case in assumpsit against Patrick M’Kennan, and had the same referred to arbitrators under the compulsory arbitration law. The arbitrators made a report in favour of the defendant for the sum of $350, from which award the plaintiff appealed. The cause afterwards was ordered for trial and the jury was sworn, when the plaintiff took a nonsuit by leave of the court.
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ERROR to the Common Pleas of Juniata county. James Henderson brought an action on the case in assumpsit against Patrick M’Kennan, and had the same referred to arbitrators under the compulsory arbitration law. The arbitrators made a report in favour of the defendant for the sum of $350, from which award the plaintiff appealed. The cause afterwards was ordered for trial and the jury was sworn, when the plaintiff took a nonsuit by leave of the court. At a subsequent term the court granted a rule to show cause why the nonsuit should not be taken off, but upon argument the rule was discharged. The…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
In King v. Sloan, (1 Serg. & Rawle 77), and in Hosletter v. Kaufman, (11 Serg. df Rawle 148), it is ruled that if a plaintiff, after having entered an appeal from an award of arbitrators, suffer a voluntary nonsuit, the award becomes an absolute judgment. And in Moore v. Hamilton it was decided, that upon an appeal from an award of arbitrators, the appellant had a right to withdraw his appeal, and that by the withdrawal the award, although in favour of the appellant, remained in full force and virtue.. It was soon discovered that the latter…
2Cases cited1 opinion
- King v. SloanSupreme Court of Pennsylvania · 1814
3Cited by2 opinions
- Dubois v. Bigler, Young & Co.Supreme Court of Pennsylvania · 1880
- Girard Bank v. Schuylkill BankSupreme Court of Pennsylvania · 1844