McGinnis v. Curry
West Virginia Supreme Court
An appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 26th day of April, 1876, in a cause, in said court then pending, in which John McGinnis was plaintiff and Jesse Curry and others were defendants, allowed upon the petition of the defendants below. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered-the decree complained of.
Read the full summary
An appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 26th day of April, 1876, in a cause, in said court then pending, in which John McGinnis was plaintiff and Jesse Curry and others were defendants, allowed upon the petition of the defendants below. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered-the decree complained of. GreeN, President, furnishes the following statement of the case: In September, 1875, John McGinnis filed his bill, in the circuit court of Ritchie county, in which he alleged, that in 1873 there was a…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
Before considering the merits of this case we must dispose of the preliminary question, whether the award made in this case can be entered as the judgment of this Court. This will, as we shall presently show, depend upon the authority of the counsel of the appellants, as such, to consent to the submission by the agreement in pads entered into by him.
syllabus 2. The authority of an attorney at common law, by a consent order made in the court, to submit a pending suit to arbitration, is universally admitted. And the court, in cases where such…
2Cases cited8 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Robertson v. BullionsNew York Supreme Court · 1850
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Inhabitants of Buckland v. Inhabitants of ConwayMassachusetts Supreme Judicial Court · 1820
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Crump v. Beckley Newspapers, Inc.West Virginia Supreme Court · 1984
- Myers v. HodgesSupreme Court of Florida · 1907
- Kemper v. FortSupreme Court of Pennsylvania · 1907
- Maulsby v. ReifsniderCourt of Appeals of Maryland · 1888
- Greenfield v. Schmidt Baking Co., Inc.West Virginia Supreme Court · 1997
29 more not listed; retrieve them via the Exa API.