Drum v. Uplinger

<p>Appeal, No. 34, Jan. T., 1899, by plaintiffs, from order of C. P. Luzerne Co., Oct. T., 1897, No. 1106, discharging rule to strike off an appeal from award of arbitrators.'</p> <p>Assumpsit. Before Woodward, P. J.</p> <p>This case originally arose on appeal by defendant from the judgment of a justice for $284.20. The plaintiffs proceeded under the law to arbitration, and the case was regularly tried before arbitrators chosen by the parties for the trial of the case and same day an award was given in favor of plaintiffs and against defendant in the sum of $284.20 and costs. On May 25, 1898, the plaintiffs filed a bill of costs amounting to $22.00, being witnesses’ fees in the case. On June 6,1898, defendant appealed from the award of the arbitrators and on June 8 filed exceptions to the costs, paying in all costs excepted to less $22.00, plaintiffs’ bill of witnesses’ fees. A rule was then taken to strike off the appeal and on November 5 the rule to strike off the appeal was discharged on condition that defendant pay the amount of the plaintiffs’bill for witnesses, to wit: the $22.00 above referred to. Plaintiff excepted to the ruling of the court in discharging the rule to strike off the appeal from the award of arbitrators.</p> <p>Error assigned was in discharging rule to strike off the appeal from the award of the arbitrators.</p>