Patrick v. Richmond & Danville Railroad
Supreme Court of North Carolina
This is an appkal from a judgment of Boykin, J., rendered at Spring'Term, 1888, of the Superior Court of Mkokxenjbuik; Cóuntjr, setting aside an order of reference to arbitrators, made at Spring Term, 1887. The order of reference was as follows : “ In this case it is agreed between the parties that the whole matter in dispute, law and fact, be submitted to the J. II.
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This is an appkal from a judgment of Boykin, J., rendered at Spring'Term, 1888, of the Superior Court of Mkokxenjbuik; Cóuntjr, setting aside an order of reference to arbitrators, made at Spring Term, 1887. The order of reference was as follows : “ In this case it is agreed between the parties that the whole matter in dispute, law and fact, be submitted to the J. II. Dillard and M. E. Carter, as arbitrators, and if they disagree they may select an umpire, or they may select an umpire in the first instance to sit with them and hear the evidence and argument, but only to act finally in case of…
1Opinion of the CourtDavis, J.
(after stating the case.) Except in cases of compulsory reference, under § 421 of The Code, issues in an action, whether of fact or of law, or both, can only be referred upon the written consent of the parties. The Code, § 420. The order of reference entered of record by consent of parties is a sufficient compliance with the statutory requirement in regard to the written consent. White v. Utley, 86 N. C., 415.
The settlement of controversies by reference has always been regarded with favor, and while under the old practice the consent of the parties was essential to the making of the order,…
2Cases cited1 opinion
- White v. . UtleySupreme Court of North Carolina · 1882
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