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8 Serg. & Rawle 529

Fuller v. Trevor

Supreme Court of Pennsylvania

Decided September 16, 1822

Supreme Court of Pennsylvania · decided 1822-09-16

In ERROR. WHILE this action was depending in the Court Common Pleas of Fayette county, it was submitted to trators, under the following special agreement: . “ It is agreed, that this cause be referred, to fames D. Cope, Andrew 0liphant, and Thomas Irwin, esqs.; either ty to reduce to writing all legal points and objections made by him; and the referees to reduce to writing their decisions thereon, and to report the samé, with their award upon the matters in dispute.

Decided 1822-09-16

Tilghman C. J. —

¶1If the parties think proper to submit their case to the opinion of the Court of‘Common Pleas, they must be bound by its decision, unless it be agreed that It shall be subject to a writ of error. 1 his has been settled with respect to cases stated and- submitted to the Court of Common Pleas; of which this Court will not také cognisánce, unless it be the agreement of the parties, that the case shall be considered as of the nature of a special verdict, and *530subject to a writ of error. We consider the case before us t0 stan¿ on the same footing as a case stated, and therefore can take no notice of any 'errors assigned in the decision of these points, which were reported by the arbitrators to the Court of Common Pleas. And inasmuch as no error appears in any other part of the record, we are of opinion that the judgment should be affirmed.

¶2Judgment affirmed.

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