North Braddock Borough v. Corey

Citations

• 205 Pa. 35
• 54 A. 486
• 1903 Pa. LEXIS 507

Syllabus

<p>Arbitration — Setting aside award — Equity.</p> <p>A bill in equity to set aside an award of arbitrators on the ground that the arbitrators had not given the complainant notice of their meeting, and an opportunity to defend, is properly dismissed, since the complainant may set up the want of notice in defense in an action on the award, and has therefore a complete and adequate remedy at law.</p> <p>Equity — Jurisdiction—Doubtful ease — Remedy at law —Fraud.</p> <p>Where the complainant- in a bill in equity charges fraud, and it is not clear that the complainant has not a ease cognizable in equity, until failure of proof as to the fraud alleged, the appellate court will dismiss the bill, although the question of jurisdiction was not raised by the pleadings, nor at the original hearing in the court below.</p>