Mathews v. Miller
West Virginia Supreme Court
The opinion of the Court contains a statement of the facts of the case. I. The court below had equity jurisdiction over the award. Code of W. Va. 1868, p. 569, sec. 4 ; Wheeling Gas Company v. Wheeling, 5 W. Va 448. II. It should have exercised that jurisdiction by setting aside the award. 1. Because the award was not made and returned until long after the expiration of the time provided in the submission.
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The opinion of the Court contains a statement of the facts of the case. I. The court below had equity jurisdiction over the award. Code of W. Va. 1868, p. 569, sec. 4 ; Wheeling Gas Company v. Wheeling, 5 W. Va 448. II. It should have exercised that jurisdiction by setting aside the award. 1. Because the award was not made and returned until long after the expiration of the time provided in the submission. Morse on Arb. and Award, p. 261 ; Brown v. Copy. 5 N. H. 223; Hall v. Hall, 3 Conn. 308; White v. Paysan, 10 Yerg. 441. 2. Bécause it was not returned under seal as required in the…
1Opinion of the Court
JOHNSON, President •
The defendants, attorneys at law, executed their receipt to Thomas Mathews, cashier ot the Farmers’ Bank of Virginia, on June 7,1867, for certain claims therein specified, which they received for collection. The money was collected on one note and, less fees, was paid over; and suit was brought on the other two. After the suits were brought, the defendants threatened to defend them, on the ground that they were payable in Confederate money. The notes were executed within the Confederate lines payable to a bank created by one of the Confederate States, and executed by…
2Cases cited15 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Merritt v. MerrittIllinois Supreme Court · 1850
- Bank of the Valley v. GettingerWest Virginia Supreme Court · 1869
- Wheeling Gas Co. v. City of WheelingWest Virginia Supreme Court · 1872
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- Arnold v. CoburnWest Virginia Supreme Court · 1889
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