People v. Onondaga Common Pleas
New York Supreme Court
Motion for a mandamus. The relator was sued in the Onondaga common pleas, by one I. Stolp, in an action of slander. After the cause was at issue, to wit, in January, 1828, the parties submitted all suits and matters in controversy to arbitration, the award to be made on or before the fourth Monday of April then next. "The bonds contained no clause providing for making the award a rule of court, or for the entry of a rule for judgment on it.
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Motion for a mandamus. The relator was sued in the Onondaga common pleas, by one I. Stolp, in an action of slander. After the cause was at issue, to wit, in January, 1828, the parties submitted all suits and matters in controversy to arbitration, the award to be made on or before the fourth Monday of April then next. "The bonds contained no clause providing for making the award a rule of court, or for the entry of a rule for judgment on it. The arbitration fell through, in consequence of the inability of one of the arbitrators to attend to the same. In September last the cause commenced in…
1Opinion of the Court
By the Court,
Sutherland, J.
The submission of all suits and controversies to arbitration, is a discontinuance of a suit depending in court, where there is no provision made for its continuance by authorizing a rule for judgment on the award, (6 Cowen, 399 ; 18 Johns. R, 22;) bat the party who might have insisted on the discontinuance, was competent to waive it; and, in this case, it was waived by the defendant’s counsel appearing at the trial, cross-examining the plaintiff’s witnesses, and addressing the jury. As to the terms imposed, upon granting a new trial, those rested in the discretion…
2Cited by12 opinions
- Larkin v. RobbinsNew York Supreme Court · 1829
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
- McNulty v. . SolleyNew York Court of Appeals · 1884
- Dolph v. ClemensWisconsin Supreme Court · 1856
- Bucklin v. ChapinNew York Supreme Court · 1868
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