4 Rawle 463
Decided February 21, 1834
Supreme Court of Pennsylvania · decided 1834-02-21
In this suit, which was an action on the case brought in this court by Alexander Dundass to the use of Alexander Dougherty against Martha Bladen, the writ was returnable on the return day in July, 1833. The plaintiff on the fifth of August, 1833, took out a rule of arbitration, and on the twenty-eighth of the same month an award of arbitrators in his favour was filed for seven hundred and ninety-seven dollars, fifty-four cents.
Decided 1834-02-21
¶1It is always safe to adhere to the plain words of a statute. To impute a speculative intent to the legislature in respect to cases that were probably not actually in their view, would lead to uncertainty, and in the end contrariety of decision. They have declared in positive terms that the plaintiff shall not refer without the defendant’s consent before the ensuing term ; and we see no reason to make the present case an exception.
¶2Rule of reference and proceedings on it set aside.