Allen v. Myers
Supreme Court of Pennsylvania
This was a writ of error to the District Court, for the city and county of Philadelphia. Martin and Allen being about to sue out a mechanic’s claim for work done, an amicable scire facias, with a confession of judgment, for the sum of one thousand three hundred and thirty dollars and fourteen cents, was entered on the 13th of October, 1831, signed by Myers, Hoover and Mackway, the defendants.
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This was a writ of error to the District Court, for the city and county of Philadelphia. Martin and Allen being about to sue out a mechanic’s claim for work done, an amicable scire facias, with a confession of judgment, for the sum of one thousand three hundred and thirty dollars and fourteen cents, was entered on the 13th of October, 1831, signed by Myers, Hoover and Mackway, the defendants. On the 15th October, 1831, on motion of Mr. Miles, for certain" lien creditors, the court below granted a rule on the plaintiffs, to show cause why the judgment should not be opened, and the lien…
1Per curiam
The parties here withdrew the case from the action of the court below, and voluntarily submitted it to an auditor chosen by themselves, who was “ to report the amount due upon the claim filed,” which was the subject-matter in dispute. By-the submission, he was not even to report the facts, and even if he had, unless the parties had agreed by the submission, that such report should be a subject of error, or that the same should be taken as a special verdict or case stated, this writ of error would not be sustainable. Wilson v. Commonwealth, 3 Penn. Rep. 532.
Judgment affirmed-
2Cited by1 opinion
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