Burns v. Smith
Supreme Court of Pennsylvania
Appeal, No. 358, Jan. T., 1896, by defendants, from order of C. P. Lackawanna Co., Sept. T., 1895, No. 781, striking off appeal. Appeal from award of arbitrators. Before Edwards, J. The facts appear by the opinion of the Supreme Court. Errors assigned among others were (1) in- striking off the appeal; (4) in not striking off the award.
Read the full summary
Appeal, No. 358, Jan. T., 1896, by defendants, from order of C. P. Lackawanna Co., Sept. T., 1895, No. 781, striking off appeal. Appeal from award of arbitrators. Before Edwards, J. The facts appear by the opinion of the Supreme Court. Errors assigned among others were (1) in- striking off the appeal; (4) in not striking off the award. The giving of the check to the prothonotary was a payment of the costs: Bancroft v. Ashliurs't, 2 Grant, 520; Reese River Silver Mining Co. v. Smith, L. R., '4 H. of L. 78; Upton v. Englehart, 8 Dill. 496; Dicey on Parties to Actions, 80. The prothonotary by an…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The assignments of error which relate to the action of the court in refusing to strike off the award of arbitrators must be overruled. On the hearing of the rule it was not made to appear that there was any irregularity in the proceeding or misconduct on the part of the arbitrators. The statement set up a sufficient cause of action, and whether the publication was privileged was properly left to be determined at the trial. The first and second assignments relate to the order striking off the appeal from the award of the arbitrators. The award, which was for $15,000,…
2Cases cited3 opinions
- Schrenkeisen v. KishbaughSupreme Court of Pennsylvania · 1894
- Ellison v. BuckleySupreme Court of Pennsylvania · 1862
- Rice v. ConsteinSupreme Court of Pennsylvania · 1879
3Cited by4 opinions
- Meta v. Yellow Cab Co.Supreme Court of Pennsylvania · 1972
- Trexler v. AfricaSuperior Court of Pennsylvania · 1905
- Manton v. MariniSuperior Court of Pennsylvania · 1971
- Manton v. MariniSuperior Court of Pennsylvania · 1971