Fuller v. Trevor
Supreme Court of Pennsylvania
In ERROR. WHILE this action was depending in the Court Common Pleas of Fayette county, it was submitted to trators, under the following special agreement: . “ It is agreed, that this cause be referred, to fames D. Cope, Andrew 0liphant, and Thomas Irwin, esqs.; either ty to reduce to writing all legal points and objections made by him; and the referees to reduce to writing their decisions thereon, and to report the samé, with their award upon the matters in dispute.
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In ERROR. WHILE this action was depending in the Court Common Pleas of Fayette county, it was submitted to trators, under the following special agreement: . “ It is agreed, that this cause be referred, to fames D. Cope, Andrew 0liphant, and Thomas Irwin, esqs.; either ty to reduce to writing all legal points and objections made by him; and the referees to reduce to writing their decisions thereon, and to report the samé, with their award upon the matters in dispute. The award of a majority to be avadable ; subject to the opinion of the Court upon the points and objections reported, upon…
1Opinion of the Court
Tilghman C. J. —
If the parties think proper to submit their case to the opinion of the Court of‘Common Pleas, they must be bound by its decision, unless it be agreed that It shall be subject to a writ of error. 1 his has been settled with respect to cases stated and- submitted to the Court of Common Pleas; of which this Court will not také cognisánce, unless it be the agreement of the parties, that the case shall be considered as of the nature of a special verdict, and *530subject to a writ of error. We consider the case before us t0 stan¿ on the same footing as a case stated, and therefore can…
2Cited by1 opinion
- Diehl v. IhrieSupreme Court of Pennsylvania · 1838