Legal Opinion

Bingham's Trustees v. Guthrie

Supreme Court of Pennsylvania

Decided July 1, 1852PublishedCited by 5 opinions

Eeros to the Common Pleas of Olarion county. This was an action of assumpsit by Joseph R. Ingersoll and others, trustees of the estate of William Bingham, deceased, v. James W. Guthrie. It was brought on 20th February, 1850. March 14, 1850, a narr. was filed' containing the common counts; and on the same day, on the part of the plaintiffs, a rule was entered for the choosing of arbitrators.

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Eeros to the Common Pleas of Olarion county. This was an action of assumpsit by Joseph R. Ingersoll and others, trustees of the estate of William Bingham, deceased, v. James W. Guthrie. It was brought on 20th February, 1850. March 14, 1850, a narr. was filed' containing the common counts; and on the same day, on the part of the plaintiffs, a rule was entered for the choosing of arbitrators. At the time appointed three arbitrators were chosen, who were to meet on 25th April, 1850. The arbitrators met and adjourned to meet again on the 26th April; and then being qualified, adjourned to meet on…

1Opinion of the Court

The opinion of the Court was delivered by

Woodward, J.

Putting aside many irrelevant matters which have been thrown upon this cause, I come at once to the only questions reviewable in a Court of error, and which are raised by the assignments of error.

Three errors are assigned, of which the first and the third shall be considered together.

The first is, that the Court erred in deciding the proceedings to be under the compulsory arbitration law.

The third is, the Court erred in quashing the appeal.

I have not brought these assignments into juxtaposition for the purpose of making them answer each…

2Cases cited2 opinions

  1. Gallup v. ReynoldsSupreme Court of Pennsylvania · 1839
  2. Power v. PowerSupreme Court of Pennsylvania · 1838

3Cited by5 opinions

  1. Bacon v. MitchellNorth Dakota Supreme Court · 1905
  2. In re Patterson-MacDonald Shipbuilding Co.District Court, W.D. Washington · 1922
  3. Commonwealth v. BeattiePhiladelphia County Court of Oyer and Terminer · 1927
  4. John A. Donahue & Son v. Barclay White Co., Pennsylvania Court of Common Pleas, Philadelphia County1927
  5. Kaplan v. Bagrier, Pennsylvania Court of Common Pleas, Philadelphia County1929

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