Kelly v. Lynchburg & Durham Railroad
Supreme Court of North Carolina
This was a Motion to revise and reduce the compensation of arbitrators, heard at the October Term, 1891, of Durham Superior Court, by Winston, J. The following is the ruling and order: “The Court being of the opinion that the Court has no power to consider the evidence in the absence of sustained proof or allegation, or of some affidavit of a party setting forth and specifically charging fraud, collusion, conspiracy or unfairness, refuses said motion.”
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This was a Motion to revise and reduce the compensation of arbitrators, heard at the October Term, 1891, of Durham Superior Court, by Winston, J. The following is the ruling and order: “The Court being of the opinion that the Court has no power to consider the evidence in the absence of sustained proof or allegation, or of some affidavit of a party setting forth and specifically charging fraud, collusion, conspiracy or unfairness, refuses said motion.” The defendant excepted. Judgment for the arbitrators. The other facts may be gathered from the opinion of the Court.
1Opinion of the Court
Avery, J.:
If the parties had not incorporated into the agreement to submit to arbitration a provision that the arbitrators might fix their own compensation, the duty of determining what would be a just allowance for the service rendered by them, and each of them, would have devolved upon the Court, and the Judge might have heard evidence in case of dispute in order to arrive at a fair estimate of the value of the work done and the expense incurred in performing it. Stevens v. Brown, 82 N. C., 463; Griffin v. Hadley, 8 Jones, 82.
Where they assume the right to determine their compensation…
2Cases cited6 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- Stevens v. . BrownSupreme Court of North Carolina · 1880
- Freeman v. . PersonSupreme Court of North Carolina · 1890
- Metcalf v. . GuthrieSupreme Court of North Carolina · 1886
- Long v. FitzgeraldSupreme Court of North Carolina · 1887
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