Thompson v. Warder
Supreme Court of Pennsylvania
Mr. Dallas, for the plaintiff moved, that a report of referees should be recommitted to them, to correct an informality therein. The plaintiff was ready for trial at the last March term, but at the instance of the defendant’s counsel, submitted to a reference.
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Mr. Dallas, for the plaintiff moved, that a report of referees should be recommitted to them, to correct an informality therein. The plaintiff was ready for trial at the last March term, but at the instance of the defendant’s counsel, submitted to a reference. Before the referees met, the plaintiff died intestate, and letters of administration were issued on his estate on the 27th August 1806. Notice according to the rule was served on the defendant, but he did not attend the referees, nor object to their proceeding, on account of the death of the plaintiff. The referees met and examined the…
1Opinion of the Court
The court declared that they saw no difficulty in granting the motion, though against the consent of the adverse party, in case of an informality. The practice had obtained in other cases, and *337evidently conduced to justice. The parties at length mutually agreed, that the defendant should be heard on a stated day by the same referees, to make his objections to the sum found due.
Cited in 4 Watts 65 to shew that for the purpose of correcting an informality or a clerical mistake in the award the court has sometimes recommitted it to the arbitrators without the consent of the parties.
2Cited by3 opinions
- La Vale Plaza, Inc., a New York Corporation v. R. S. Noonan, Inc., a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1967
- Etter v. EdwardsSupreme Court of Pennsylvania · 1835
- Tracy v. HerrickSuperior Court of New Hampshire · 1852