Morris v. . Grier
Supreme Court of North Carolina
Praetiee — Arbitration — Reference of Action by Attorney. MOTION to confirm an Award as to valuation of land, heard at Fall Term, 1876, of Cabarrus Superior Court, be-fere Schenck, J. The facts bearing on the points decided are; that one James R. Campbell after his marriage with the defendant Sarah E. Gilmer, employed Paul B. Means, Esq. as counsel to represent his interest and that of his wife in this action, which was instituted to obtain a construction of a will in which…
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Praetiee — Arbitration — Reference of Action by Attorney. MOTION to confirm an Award as to valuation of land, heard at Fall Term, 1876, of Cabarrus Superior Court, be-fere Schenck, J. The facts bearing on the points decided are; that one James R. Campbell after his marriage with the defendant Sarah E. Gilmer, employed Paul B. Means, Esq. as counsel to represent his interest and that of his wife in this action, which was instituted to obtain a construction of a will in which the defendants were devisees. No restriction being placed on the power of Mr.' Means as attorney, he agreed to refer the…
1Opinion of the CourtEairoloth, J.
This action was brought to obtain a con••struction of a will and a settlement with the defendant •devisees in said will.
'The defendants employed an Attorney to represent their Interest in the suit. Eor the purpose of equalizing the .legacies as required by the will, the Attorney agreed to refer the matter to arbitrators whose award was to be the judgment of the Court. He had no special authority to do so. Are his clients bound by the reference ? There is no doubt .that the Attorney’s agreements about continuances, about -evidence, the conduct of the trial and the like, will gen■erally bind…
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