Fox v. Ealer

Pennsylvania Court of Common Pleas, Philadelphia County

Decided December 18, 1837

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1837-12-18

THIS was a suit brought to June term, 1835, No. 441. While the cause was pending, to wit on January 27th, 1837, the parties entered into a bond, and submission to arbitrators, of “ all matters in variance between them.” The submission was not entitled in the cause pending, nor did it contain any reference to it. The arbitrators awarded in favour of the plaintiff 555 dollars 2 cents.

Decided 1837-12-18

Per Curiam.—

¶1This rule must be discharged. The first, second, and third sections of the act of 10th June, 1838, contemplate that the parties shall agree that the submission shall be made a rule of court. Here there is no such agreement. Our act is evidently framed on the basis of the provisions of the statute of the 9th and 10th William III. cap. 15, which have been repeatedly construed to require an agreement that the submission shall be made a rule of court, before it will be made so. Wats, on Jlrb. 25.

¶2Rule discharged.