Hickernell v. First National Bank
Supreme Court of Pennsylvania
May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Writs of error to the Court of Common Pleas of Cumberland county: No. 43J and 44, to May Term 1869. These cases were actions of debt, that in which the first writ of error was issued was commenced November 2d 1868, at the suit of the First National Bank of Carlisle against Henry Hiekernell.
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May 11th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Writs of error to the Court of Common Pleas of Cumberland county: No. 43J and 44, to May Term 1869. These cases were actions of debt, that in which the first writ of error was issued was commenced November 2d 1868, at the suit of the First National Bank of Carlisle against Henry Hiekernell. The other case was commenced November 5th 1858, at the suit of William McCune against Thomas Creas on and Henry Hiekernell, partners; both writs below were returnable November 20th 1868, the second return day of the term. The…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
In these cases the defendants had entered rules to choose arbitrators, in one case to choose before the day of appearanee to the summons, and in the other three days afterwards. In the former the court struck off the rule before the day of appearance, and in the latter one day afterwards, and in each case entered judgment for default of appearance, under a rule of court which sets aside the appearance unless the defendant files an affidavit of defence at the time of appearance. We think this was error. The right to arbitrate is given by Act…
2Cases cited1 opinion
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