Opinion

Duncan v. Bell, Johnston, Jack & Co.

  • 28 Pa. 516
Court
Supreme Court of Pennsylvania
Filed
Jul 1, 1857
Status
Published
Author
Lewis
On the bench
Armstrong, Knox, Lewis, Lowrie, Woodward
Cited by
8 cases

The opinion

Lewis, C. J.

I concur in the foregoing opinion, so far as it holds that after a defendant has entered an appeal from an award of arbitrators, paid costs, entered bail, and filed an affidavit, as required by the Act of Assembly, the rule of court requiring an affidavit of defence does not deprive him .of the trial by jury, secured by the constitution and the arbitration law. I think that where the plaintiff enters the rule to arbitrate, as in this case, he waives the benefit of the rule of court, and that this principle is established unanswerably in the opinion just delivered by Judge Armstrong.

Lowrie, J., and Knox, J., dissented.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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