State Ex Rel. Northeast Transportation Co. v. Superior Court

(dissenting) — The majority of cases cited in the prevailing opinion to sustain the decision herein were antiquated cases and followed in the later decisions cited.

The trial judge certified that the bill of exceptions “embodies all of the evidence introduced upon the trial of said cause relating to or pertaining to the matter of arbitration.”

The majority hold:

“The record before us is deficient with respect to the matters complained of in relator’s complaint, therefore — this being an action for equitable relief — we are precluded from passing upon the question raised by the relator.”

This…