Legal Opinion

Murray's Executors v. Sharp

Supreme Court of Pennsylvania

Decided January 6, 1873No. 111PublishedCited by 5 opinions

Error to the Court of Common Pleas of Beaver county: Of October and November Term 1872, No. 111. The executors, &c., of Mary Murray, deceased, on the 28th of May 1871, brought an action of debt against Joseph Sharp. The plaintiffs entered a rule of reference, and the cause was arbitrated under the Compulsory Arbitration Law. On the 24th of August 1871, the arbitrators made an award for the defendant.

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Error to the Court of Common Pleas of Beaver county: Of October and November Term 1872, No. 111. The executors, &c., of Mary Murray, deceased, on the 28th of May 1871, brought an action of debt against Joseph Sharp. The plaintiffs entered a rule of reference, and the cause was arbitrated under the Compulsory Arbitration Law. On the 24th of August 1871, the arbitrators made an award for the defendant. On the same day the plaintiffs filed an affidavit, and entered an appeal without paying the costs or entering into recognisance, &c. On the 19th of September the plaintiffs ruled the defendant to…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

— The plaintiffs below took out a • rule of reference in this case, and an award having been made against them, appealed therefrom without the payment of costs and entering into recognisance; and in consequence, the court below set aside the appeal. The 3'lst section of the Act of the 16th of June 1836, relating to arbitration, provided' “ that in all cases in which executors, administrators or other persons suing or being sued in a representative character, or minors, shall be the party appellant from an award, the appeal shall be good…

2Cited by5 opinions

  1. Bertinelli v. GaloniSupreme Court of Pennsylvania · 1938
  2. Johnson v. Lake City BoroughSuperior Court of Pennsylvania · 1963
  3. Bair v. Newgeon, Pennsylvania Court of Common Pleas, Delaware County1940
  4. Ryan EstatePennsylvania Orphans' Court, Delaware County · 1954
  5. Tyson v. Monko, Pennsylvania Court of Common Pleas, Chester County1962

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