Climenson v. Climenson

Citations

• 163 Pa. 451
• 30 A. 148
• 1894 Pa. LEXIS 1202

Syllabus

<p>Arbitration—Reference under act of March 20, 1810—Justice of tlte peace—Record—Common law submission.</p> <p>To sustain an award of arbitrators under the act of March 20, 1810, the record of the justice of the peace must show that there was an action pending, that plaintiff’s claim exceeded five dollars and thirty-three cents, and that the parties, or one of them, refused to submit to the determination of the justice.</p> <p>Parties to a dispute appeared before a justice, and stated that they had agreed to refer all matters at variance between them to three men whom they named, for their decision, and that they had fixed upon a time and place for the hearing, and that the award should be final. The justice wrote out the agreement on the docket, writing above it, as a caption, the words “ Amicable action.” The arbitrators returned their award to the justice, who thereupon wrote upon his docket “ Judgment publicly, according to the above award.” Held, that the justice had no jurisdiction over the award, and that the entry on his docket was without effect upon the rights of the parties.</p> <p>In the above case all the elements of a common law submission were present, and the award of the arbitrators was conclusive.</p>