Blackledge v. Simpson.
Superior Court of North Carolina
HE bill stated several-settlements of account at different pe« -f riods,between the complainant and defendant, and balances^ struck, for which the complainant had given bonds and mortgages ; and that in each settlement there were many errors-ami-•unfair items', particularizing them, and that Simpson had obtaiiy-(d judgments, and prayed that the accounts might be opened: and the errors rectified. — Simpson pleaded the account stateef, and that there were not any such errors…
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HE bill stated several-settlements of account at different pe« -f riods,between the complainant and defendant, and balances^ struck, for which the complainant had given bonds and mortgages ; and that in each settlement there were many errors-ami-•unfair items', particularizing them, and that Simpson had obtaiiy-(d judgments, and prayed that the accounts might be opened: and the errors rectified. — Simpson pleaded the account stateef, and that there were not any such errors as- the complainant aU. Tedged. The matters in dispute were referred to arbitrators,, who awarded, that the first…
1Per curiam
There are two modes of excepting to awards s-one for what appears on the face of the award itself, as that it does not come up to the requisites of the law for constituting a good award ; the second is for matter extraneous, as for mis-behaviour of the arbitrators. The first and the third of these objections are of the first sort, the second of -the latter sort.— The first objection amounts to this, that the arbitrators have not passed upon all that was particularly referred to them, and if this appear upon the face of the award, it is not a good one : they have awarded that the first…
2Cited by2 opinions
- Maw v. KitzmanNorth Dakota Supreme Court · 1927
- Borretts v. . PattersonSuperior Court of North Carolina · 1799