Rogers v. Playford
Supreme Court of Pennsylvania
Error to the Common Pleas of Payette. Oct. 80. This was an amicable reference under the Act 21st March, 1806, regulating arbitrations and proceedings in Courts of justice, in which Dr. Playford was plaintiff, and the executors of Joseph Thornton, deceased, were defendants. Upon the filing of the award in the Court below, exceptions thereto were taken by the defendants, and upon the confirmation of the award this writ of error was sued out.
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Error to the Common Pleas of Payette. Oct. 80. This was an amicable reference under the Act 21st March, 1806, regulating arbitrations and proceedings in Courts of justice, in which Dr. Playford was plaintiff, and the executors of Joseph Thornton, deceased, were defendants. Upon the filing of the award in the Court below, exceptions thereto were taken by the defendants, and upon the confirmation of the award this writ of error was sued out. The agreement of reference, after stating the Act under and in pursuance of which it was made and the parties, proceeds: Whereas the said Playford claims…
1Opinion of the Court
The opinion of this Court was delivered by
Bell, J.
It has been long and firmly settled that, in respect of awards which require the sanction of the Court of Common Pleas, this Court, sitting in the last resort, will not undertake to rectify errors resting in facts extrinsic to the record. It is the peculiar province of the Court below to take cognisance of and correct the mistakes committed by the referees, on exceptions filed, just as it will remedy those committed by a jury, on a motion for a new trial; and its decision cannot be reviewed, unless indeed there be errors in law apparent upon…
2Cases cited3 opinions
- Knox v. Work, Pennsylvania Court of Common Pleas, Philadelphia County1809
- Mussina v. HertzogSupreme Court of Pennsylvania · 1813
- Browning v. McManusSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Buckwalter v. RussellSupreme Court of Pennsylvania · 1888
- Gans v. DrewSupreme Court of Pennsylvania · 1884
- Gans v. DrewSupreme Court of Pennsylvania · 1884
- Gans v. DrewSupreme Court of Pennsylvania · 1884