Legal Opinion

Turnbull v. . Martin

New York Court of Appeals

Decided May 30, 1871Published

Appeal from a judgment upon an award entered in the Common Pleas of the city of Hew York, pursuant to a submission and the statute regulating arbitrations, for $74,318.95, and also from the orders of the court directing the entering of the judgment and refusing to vacate the award.

1Opinion of the CourtAllen, J.

The remedy of the appe lant for any supposed errors of the court below in refusing to vacate the award and ordering judgment thereon, was by writ of error, not by appeal.

Proceedings under the Revised Statutes relating to arbitrations are expressly excluded from the operations of the Code and the remedies given by it. (Code, 47, § 1.) The point has been adjudicated by this court in several cases, two of which are reported, and the question is no longer an open question. (Isaacs v. Beth. Hamedrash Soc., 19 N. Y., 584; Freeman v. Kendall, 41 id., 518.) The judgment upon an award under the…

2Cases cited1 opinion

  1. Isaacs v. . the Beth Hamedrash SocietyNew York Court of Appeals · 1859

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