Gunn v. Bowers

Citations

• 126 Pa. 552
• 17 A. 893
• 1889 Pa. LEXIS 912

Syllabus

<p>1. Notwithstanding the lodgment of a writ of error with the prothonotary, apd whether the record is in fact made up and transmitted, or as yet only constructively removed, it is still within the reach of the court below, until return day, for the correction of clerical or unquestionable errors.</p> <p>2. The mistakes, either of law or fact, for which an award made' in a submission under the act of June 16, 1836, P. L. 717, may be referred back to the same referees, under § 7, of the act, are such plain mistakes as will be obvious to the referees themselves, the moment they are pointed out to them.</p> <p>3. They must not involve a review of the case by the referees, on its merits, or on a different estimate of the weight of the evidence: the new consideration is not to be a re-consideration upon, any substantial matter upon which the referees have already passed their judgments.</p> <p>i. On the hearing of exceptions to an award, made under said act, the court has no power to make a new or different award, based upon a different view of the law or the facts, but only such power as the court has o.ver a verdict, to sustain it or set it aside, as a whole.</p>