Henley v. Menefee
West Virginia Supreme Court
^-n aPPeal from a decree of the circuit court of Green-brier county, rendered on the 15th day of November, 1873, in a cause in chancery then pending in said court, in which C. W. Henley, was plaintiff, and Thomas K.' Menefee, was defendant. The appeal was granted upon the petition of the defendant, Menefee. Hon. Homer A. Holt, Judge of the eighth judicial circuit, rendered the decree appealed from.
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^-n aPPeal from a decree of the circuit court of Green-brier county, rendered on the 15th day of November, 1873, in a cause in chancery then pending in said court, in which C. W. Henley, was plaintiff, and Thomas K.' Menefee, was defendant. The appeal was granted upon the petition of the defendant, Menefee. Hon. Homer A. Holt, Judge of the eighth judicial circuit, rendered the decree appealed from. Moore, Judge, who delivered the opinion of the Court, sufficiently states the case. When an award does not determine all matters submitted, it is void. Paine v. Paine, 15 Gray, 299 ; Morse on Arb.,…
1Opinion of the CourtMoore, Judge
In a chancery cause pending in the circuit court of Greenbrier county, entitled as above, the parties by written agreement under their hands and seals, made and filed June 18, 1872, did thereby “agree to refer all matters of difference between them involved in said suit to the arbitrament and award -of Allen T. Caperton and Samuel Price, and an umpire to be selected by the said Caperton and Price,” and “further agree, that the award of said arbitrators and umpire, or of any two of them, shall be made final and entered as the decree of the said court in this suit; Provided, That if said award…
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