Campbell v. County of Fayette

Citations

• 127 Pa. 86
• 17 A. 882
• 1889 Pa. LEXIS 1085

Syllabus

<p>[To be reported.]</p> <p>1. The submission, of a cause, under the provisions of the act of May 14, 1874, P. L. 166, to a person learned in the law but not authorized to act as an attorney in the Supreme Court of this state, is erroneous, and all proceedings under it, with the award made, are invalid.</p> <p>2. County commissioners, representing the people of a county, act in a fiduciary capacity, and are without authority to submit a ease to the decision of the court under the act of April 22, 1874, P. L. 109; wherefore, they may not legally enter into a submission to a person learned in the law under the act of May 14, 1874, P. L. 166.</p> <p>3. In the case at bar, the submission having been made by the county commissioners, as one of the parties, to a person learned in the law but unauthorized to act as an attorney in the Supreme Court, the entire proceeding was abortive, and the court where the cause was pending had ample power to set it aside.</p>