Pollock's adm'r v. Sutherlin
Supreme Court of Virginia
These were actions of covenant in the Circuit court of the town of Danville, brought by Berryman Green, administrator of Morris Pollock, deceased, one against William T. Sutherlin, and the other against A. S. Buford. Both actions are founded on the same award. The defendant, Sutherlin, filed a plea, denying that a valid award had been made by the arbitrator, to which the plaintiff' replied specially; and to this special replication the defendant demurred.
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These were actions of covenant in the Circuit court of the town of Danville, brought by Berryman Green, administrator of Morris Pollock, deceased, one against William T. Sutherlin, and the other against A. S. Buford. Both actions are founded on the same award. The defendant, Sutherlin, filed a plea, denying that a valid award had been made by the arbitrator, to which the plaintiff' replied specially; and to this special replication the defendant demurred. Buford filed two pleas, to which the plaintiff demurred. TJpon the hearing of the cases, the court below sustained Sutherlin’s demurrer to…
1Opinion of the Court
Moncube, P.
These two cases are founded upon an award, and upon the same award. The controversy in them lies in a narrow compass. I think both cases depend upon a single question, and that is: ££ "Whether the award is within the submission or not as to Sutherlin ?” If it be, then I think it is valid both as to Sutherlin and Buford. But •if it be not within the submission as to Sutherlin, then it is clearly void as to him, and a question will in that case arise, “ Whether it is not therefore void also as to Buford?” Other questions were noticed in the argument, but they seem to me to be free…
2Cases cited3 opinions
- Armstrong v. ArmstrongsSupreme Court of Virginia · 1829
- Richards v. Brockenbrough's administratorSupreme Court of Virginia · 1823
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
3Cited by6 opinions
- Coons v. CoonsSupreme Court of Virginia · 1897
- Bassett's Adm'r v. Cunningham's Adm'rSupreme Court of Virginia · 1853
- Henley v. MenefeeWest Virginia Supreme Court · 1877
- Helfrick v. CommonwealthSupreme Court of Virginia · 1878
- Helfrick v. CommonwealthSupreme Court of Virginia · 1878
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