White v. Shriver
Supreme Court of Pennsylvania
ERROR to the common pleas of Green county. This was a writ of error to reverse a judgment in favour of Henry Shriver and Mark Gordon, administrators of John Shriver deceased, against Isaac White.
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ERROR to the common pleas of Green county. This was a writ of error to reverse a judgment in favour of Henry Shriver and Mark Gordon, administrators of John Shriver deceased, against Isaac White. The defendant and plaintiffs entered into a written agreement 1o meet together for the purpose of settling their accounts, and if they could not agree, to refer the subject to referees to be by them chosen, upon whose report, or that of a majority of them, “judgment to be entered in the court of common pleas of Green county, by any attorney at law, or by the prothonotary of said court, in the form of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.—No
attempt has been made to sustain this judgment as properly entered by virtue of the acts of 1705 or 21st of March 1806, concerning amicable references by consent of parties. Nor indeed could the proceedings be supported under either of these acts. Not under the former, because there was no action pending or entered on the docket before the award was rendered, nor was the reference made a rule of court. The proceedings do not fall within the act of the 21st of March 1806, authorising an award to be taken to the prothonotary’s office and…
2Cited by2 opinions
- Sukonik v. ShapiroSupreme Court of Pennsylvania · 1939
- Bellas v. DewartSupreme Court of Pennsylvania · 1851