Legal Opinion

Joy v. Simpson

Superior Court of New Hampshire

Decided February 15, 1820PublishedCited by 4 opinions

Pleading ovei cures no defects, except those which would be bad only on special demurrer. Duplicity is such an one, hut a departure is not. Awards are to be construed liberally. Though their language may embrace more than what was submitted, they will be construed not in fact to embrace more, unless it is ex* pressly shown, that more was laid before the referees and decided.

Read the full summary

Pleading ovei cures no defects, except those which would be bad only on special demurrer. Duplicity is such an one, hut a departure is not. Awards are to be construed liberally. Though their language may embrace more than what was submitted, they will be construed not in fact to embrace more, unless it is ex* pressly shown, that more was laid before the referees and decided. Referees may decide upon the costs of reference ; because a submission of the tause of action embraces, as an incident, the costs which may afterwards arise upon it. This was an action of debt on a bond, dated May…

1Opinion of the CourtWoodbury, J.

The rejoinder in this case is insufficient. It undertakes to impeach the award, set out in the replication, on the ground, that the arbitrators exceeded their authority. But, in doing this, it admits, that an award was made, when the plea alleges there was no award ; and this being a departure from the pica, it is bad on general dcmurrer.f i)

The hypothesis, that an award in any respect beyond the submission is wholly void, and, therefore, as the rejoinder states this award to have been of that character, it states, like the plea, that there was no award, will not remedy the difficulty. The…

2Cases cited3 opinions

  1. M'Kinstry v. SolomonsNew York Supreme Court · 1806
  2. Peters v. PeirceMassachusetts Supreme Judicial Court · 1812
  3. Solomons v. M'KinstryCourt for the Trial of Impeachments and Correction of Errors · 1815

3Cited by4 opinions

  1. Chase v. StrainSuperior Court of New Hampshire · 1844
  2. Spofford v. SpoffordSuperior Court of New Hampshire · 1839
  3. Chapin v. BoodySuperior Court of New Hampshire · 1852
  4. Morrison v. WoolsonSuperior Court of New Hampshire · 1854

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API