Wells v. Scott
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case the plaintiff entered a rule of reference under the compulsory arbitration act of 1810; and having complied with the requisitions of the act in regard to notice to the adverse party, three arbitrators were duly chosen, and a day appointed for their meeting.
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IN this case the plaintiff entered a rule of reference under the compulsory arbitration act of 1810; and having complied with the requisitions of the act in regard to notice to the adverse party, three arbitrators were duly chosen, and a day appointed for their meeting. All the arbitrators attended accordingly, and were sworn or affirmed; and the parties, by their counsel, being present, the plaintiff’s statement of his complaint, and his evidence in support of it, were heard by the three arbitrators. In this stage of the proceedings, the arbitrators adjourned to a particular day named, at…
1Concurrence
Pettit, President,
concurred.
Steoud, J. (after recapitulating the facts). — The objection to this award is, that it was not competent to the two arbitrators to proceed in the case in the absence of the third, and under the circumstances stated. The plaintiff’s counsel, in reply, relies upon two grounds. 1. That the entry of the appeal is a waiver of all objections to the award. 2. That the act of assembly empowers a majority of the arbitrators to proceed, as was done in this case, and that therefore their award is good.
With respect to the waiver, it is to be remarked, that in Dundas v. Bladen,…
2Cases cited4 opinions
- Case of a Turnpike Road ex rel. Chad's Ford to the State LineSupreme Court of Pennsylvania · 1813
- Thompson v. WhiteSupreme Court of Pennsylvania · 1818
- Sheets v. RudebaughSupreme Court of Pennsylvania · 1828
- Dundas v. BladenSupreme Court of Pennsylvania · 1834