Deal's executors v. Deal
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Allegheny COUnty. . - Account render brought by John Deal, senior, against William Deal, junior, in which the executors of the plaintiff below, were substituted after his death. 1’he plaintiffs took out a rule of arbitration.
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In Error. ERROR to the Court of Common Pleas of Allegheny COUnty. . - Account render brought by John Deal, senior, against William Deal, junior, in which the executors of the plaintiff below, were substituted after his death. 1’he plaintiffs took out a rule of arbitration. The arbitrators met and heard the ' ' case, and tied an award in favour of the defendant, for 502 dollars, 27-cents, on the 25th October, 1819. The defendant issued a fieri fiadas returnable to August Term, 1821, and tbe Court below on motion of the plaintiffs, granted a rule to shew cause why this execution should not be…
1Per curiam
This is an action of account render, in which a rule of reference was entered by the plaintiffs. The referees treated it, as a common action of assumpsit, and made an award in favour of the defendant, for 502 dollars, 27 cents. This was erroneous, for even if an action of account render, were comprehended in the Act of Assembly, on which the rule of reference was founded, the referees should in the first place have decided whether the defendant *203was accountable, and made, an award accordingly; after which another proceeding should have been had, for the settlement of .the account. By a late…
2Cited by1 opinion
- Spicer v. ReesSupreme Court of Pennsylvania · 1835