West v. Stigar
Court of Appeals of Maryland
MOTION for an attachment of contempt against the defendant for not performing an award, on affidavit being made that a copy of the award was served on him, and a demand made for payment.
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MOTION for an attachment of contempt against the defendant for not performing an award, on affidavit being made that a copy of the award was served on him, and a demand made for payment. The case was this : Stephen West sued Andrew Stigar, in the Provincial Court, and at September Term, 1763, the cause was referred to two arbitrators, and if they disagreed, to choose a third person and return their award, “ and judgment to be rendered according to such award, ec and be final between the said parties, according to the term. ic of the statute,” &c. The award was returned, and a judgment entered…
1Opinion of the Court
Observations op D. Durany on this case.(a.)
On perusing the record, I am strongly of opinion that the judgment of the Provincial Court ought to be reversed, and that the practice affords no legal reason for maintaining it; but what may be the opinion of the Court of Appeals, I should be more confident in predicting, if the judges were lawyers by profession, than I am on the consideration that they are not. Before the 9th and 10th Win. III. there were at law, submissions by rules of Court, and an award being made thereon, the same process issued, as in . the other cases of breach of rule, id…
2Cited by2 opinions
- Van Ruymbeke v. Patapsco Industrial ParkCourt of Appeals of Maryland · 1971
- Mitchell v. MitchellCourt of Appeals of Maryland · 1856