President of the Orphan's Court ex rel. Young v. Ogle 1 Ohio Ch. 281

THE PRESIDENT OF THE ORPHAN’S COURT OF PENNSYLVANIA, FOR THE USE OF YOUNG AND WIFE v. OGLE.

Set-off in a suit by one for the use of another — award of arbitrators — rule of court — error.

In a suit by A. for the use of B. it is not competent to plead a set-off against B.

Where such a suit is referred and an award against B. it is erroneous for the Court of Common Pleas to make the award a rule of court, and order Br to-pay the money and costs,-or that an attachment issue.

Error to the Court of Common Pleas. It appeared by the record that when the suit was pending before the Court of Common Pleas, it was referred to Chittenden,Douglas, and Wilson; that at the time fixed for the meeting of the arbitrators, Wilson did not attend. The award, which was made by Chittenden, Douglas, and one Richardson, asserts on its face that Richardson, by consent, was substituted in Wilson’s stead, and was that Young should pay ten dollars, was returned to the Court of Common Pleas. The plaintiff there moved to set aside the award, which was overruled, because the court was satisfied the award was made agreeably to law, and the agreement of the parties. The court then ordered the award entered, and granted a rule thereon upon Young to show cause why it should. *282not be made a rule-of court. Young failed to show cause, and the court ordered him to pay ten dollars into the hands of the clerk in sixty days, and $51 09 costs, or that in default, an attachment issue, returnable to the next term. -

J. Woods, for the plaintiff in error.

T. Corwin, contra.