Armstrong v. Armstrongs
Supreme Court of Virginia
This was an action of covenant brought by Archibald Armstrong against Richard and Archibald Armstrong, in the hustings court of Richmond.
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This was an action of covenant brought by Archibald Armstrong against Richard and Archibald Armstrong, in the hustings court of Richmond. The declaration set forth a covenant between the plaintiff and the defendants, for submitting all matters in dispute between them, to O. Manson and F. A. Mayo, whose award the parties covenanted to submit to and abide by; the actual arbitration of the matters in dispute ; an award by the arbitrators, that the defendants should pay the plaintiff 127 dollars, subject to a deduction of 16 dollars, and half the costs of a suit, then pending in the name of…
1Opinion of the CourtCarr, J.
The declaration describes the covenant, as submitting all matters in difference between the parties, to the arbitrators. Upon oyer prayed, the bond of submission is set out in hcec verba, and it appears to be a bond for the submission, not of all matters in difference generally, but of the matters of difference arising out of the killing a parcel of hogs. If the defendants had intended to take advantage of this variance, the proper mode, as prescribed by the books on pleading, would have been, after oyer, to have demurred for the difference between the covenant described, and that set out. 1…
2Cases cited1 opinion
- Palmer v. OakleyMichigan Supreme Court · 1847
3Cited by11 opinions
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- Fluharty v. BeattyWest Virginia Supreme Court · 1883
- Thompson's Exors. v. BoggsWest Virginia Supreme Court · 1874
- Pollock's adm'r v. SutherlinSupreme Court of Virginia · 1874
- Eureka Pipe Line Co. v. SimmsWest Virginia Supreme Court · 1907
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