Wells v. Scott
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case the plaintiff entered a rule of reference under the compulsory arbitration act of 1810; and having complied with the requisitions of the act in regard to notice to the adverse party, three arbitrators were duly chosen, and a day appointed for their meeting.
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IN this case the plaintiff entered a rule of reference under the compulsory arbitration act of 1810; and having complied with the requisitions of the act in regard to notice to the adverse party, three arbitrators were duly chosen, and a day appointed for their meeting. All the arbitrators attended accordingly, and were sworn or affirmed; and the parties, by their counsel, being present, the plaintiff’s statement of his complaint, and his evidence in support of it, were heard by the three arbitrators. In this stage of the proceedings, the arbitrators adjourned to a particular day named, at…
1Opinion of the CourtJones, J.
(after statingthe facts). — The provisions of the act of the 20th of March 1810 regulating arbitrations, are in part applicable to the cause while it remains in court, and are directory to the court or its officers, and in part they are referable to the cause after it has been committed to the arbitrators, and their jurisdiction has attached, and therefore are directory to them. ' So far as they relate to the cause while it is in court, they are subject to the construction of the court in the first instance, and if the parties or the officers of the court proceed irregularly, the court may…
2Cases cited3 opinions
- Case of a Turnpike Road ex rel. Chad's Ford to the State LineSupreme Court of Pennsylvania · 1813
- Kimble v. SaundersSupreme Court of Pennsylvania · 1821
- Boyer v. AurandSupreme Court of Pennsylvania · 1833