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3 Watts 212

Wilson v. Colwell

Supreme Court of Pennsylvania

Decided September 15, 1834

Supreme Court of Pennsylvania · decided 1834-09-15

The plaintiffs in error were plaintiffs below. It was agreed between the parties that an amicable action in case should be entered, and that all matters at variance should be referred to Walter Forward and W. W. Fetterman, Esquires, who, in case of disagreement, were to choose a third referee; that the said referees should meet on ten days notice by either party; that the said referees should, in their report, state the facts of the case; that upon this report the…

Decided 1834-09-15

Per Curiam.

¶1This writ of error is taken, in effect, to the judgment of the arbitrators, and not to the judgment of the common pleas, which was entered, not even for form’s sake, by the judges of that court, but by the prothonotary. We have before determined that a special award is not to be treated as a special verdict. If the facts be undisputed, state a case and take the actual judgment of the court below upon it; if they are are not, have them found by a jury in the usual course. By this means a suitor may get into the court of the last resort with sufficient rapidity. We certainly will countenance no procedure which passes the door of the legitimate tribunal, and, in the garb of a writ of error, would give us original jurisdiction.

¶2Writ of error quashed.

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