Etter v. Edwards
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. On the 7th of June 1833, this action of replevin was instituted by Edwards, plaintiff below, against Etter, defendant below,-to recover twenty thousand feet of white pine boards, of the value of 12 dollars per thousand, part of a larger quantity, alleged by the plaintiff" to have gone adrift about the middle of May, from Northumberland, and found in possession of defendant., on an island in the Susquehanna river, claimed and…
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ERROR to the common pleas of Dauphin county. On the 7th of June 1833, this action of replevin was instituted by Edwards, plaintiff below, against Etter, defendant below,-to recover twenty thousand feet of white pine boards, of the value of 12 dollars per thousand, part of a larger quantity, alleged by the plaintiff" to have gone adrift about the middle of May, from Northumberland, and found in possession of defendant., on an island in the Susquehanna river, claimed and possessed by defendant, a short distance below Harrisburg, on which it had temporarily lodged while floating down the river,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
—The first error assigned is, that the court erred in refusing to remand and re-commit the report of the arbitrators back to them for amendment, if it was uncertain or informal.
For the purpose of correcting an informality or a clerical mistake in the award, the court has sometimes re-committed it to the arbitrators, without the consent of the parties. Eckert’s Lessee v. Vanderen, 1 Binn. 43; Thompson v. Warder, 4 Yeates 336. But where the error of the referees is material, this cannot be done. Shaw v. Pearce. 4 Binn. 485. In the…
2Cases cited5 opinions
- Easton v. WorthingtonSupreme Court of Pennsylvania · 1819
- Shaw v. PearceSupreme Court of Pennsylvania · 1812
- Snyder's Lessee v. HoffmanSupreme Court of Pennsylvania · 1803
- Thompson v. WarderSupreme Court of Pennsylvania · 1806
- Commonwealth v. MarisSupreme Court of Pennsylvania · 1818
3Cited by10 opinions
- Justice v. Nesquehoning Valley RailroadSupreme Court of Pennsylvania · 1878
- Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
- Cox v. BurdettSuperior Court of Pennsylvania · 1903
- Moore v. ShenkSupreme Court of Pennsylvania · 1846
- McGlue v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
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