
    SCHAEFFER vs. COMMONWEALTH.
    No writ of error lies to tie refusal of the Court to strike off an. award of arbitration.
    Error to Common Pleas of Berks County, No. 137 January Term, 1881.
    
      This was ail action on a recognizance given to secure the other heirs of Simon P. Guldin. Arbitration proceedings were begun; and award of $76.46 in favor of the plaintiff was entered on February 6, 1880. On February 26th, 1880, defendant appealed. On October 23 ,1880, the defendants took a rule to strike off the arbitration procee dings, because no declaration had been filed; which rule was discharged on December 27,1880. Defendants then took a writ of error.
    
      D. E. Schroeder, Esq., for plaintiff in error,
    argued that a declaration must be filed before a rule to arbitrate can be taken out; Act June 16, 1836, section 9 P. Laws, 719. A rule' to arbitrate can not be taken out upon a recognizance; Act June 16, 1836, section 39, P. L., 725; Stewart vs. Martin, 2 Watts, 200; Kidd vs. Commonwealth, 16 Pa., 426.
    
      H. Y. Kaufman, Esq., contra.
    
   The Supreme Court quashed the writ of error on March 14, 1881, in the following opinion :

Per, Curiam.

No writ of error lies to a judgment upon an award under the compulsory arbitration act. The only remedjr is the appeal provided by the statute; Sullivan vs. Weaver, 9 Pa., 223.. •Here there was an appeal which is still pending in the Court below.

Writ of error quashed.  