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2 Pa. 444

Crawford v. Gable

Supreme Court of Pennsylvania

Decided May 15, 1846

Supreme Court of Pennsylvania · decided 1846-05-15

May 13. — In this case a rule was entered to choose arbitrators on 17th May, at which time defendant not appearing, they were named and an award made. A motion was made to set aside the proceedings, which was based on an affidavit, that the date had been altered in the rule from the 10th to the 17th, after it was filed, which facts were admitted, but the court refused to set aside the proceedings, as no injury was alleged to have accrued by the alteration.

Decided 1846-05-15

Per Curiam.

¶1— There was no sufficient ground to strike off the rule of arbitration and award, and as no one was or could be injured by the-alteration of the original entry. It was found impracticable to go on with the proceeding, at the time originally fixed for choosing the arbitrators; and no more ivas done by the clerk than to insert a more distant day. Had the opposite party already received notice, it is possible the case might have been different; but as the notice was given after the alteration, the same thing was effected as if the rule had been discharged, an'd a fresh one entered. The defendants received due notice of the true time, and every thing was regular.

¶2Judgment affirmed.

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