Metcalf v. . Guthrie
Supreme Court of North Carolina
Civil action, tried before Qudger, Judge, and a jury, at August Term, 1885, of the Superior Court of Buncombe county. The plaintiff commenced his action for the recovery of the land mentioned in his complaint, by suing out a summons, on February 24, 1881, and on the return day thereof, March 14, the parties entered into an agreement under seal as follows : “ In this cause, it is agreed by the parties hereto, that it be referred to William Eller, James Hemphill and Wiley…
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Civil action, tried before Qudger, Judge, and a jury, at August Term, 1885, of the Superior Court of Buncombe county. The plaintiff commenced his action for the recovery of the land mentioned in his complaint, by suing out a summons, on February 24, 1881, and on the return day thereof, March 14, the parties entered into an agreement under seal as follows : “ In this cause, it is agreed by the parties hereto, that it be referred to William Eller, James Hemphill and Wiley Roberts, as arbitrators, to settle all matters of dispute in issue, which will appear from the pleadings to be filed in this…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The reference to arbitrators, was not made under a rule entered in the cause, so that judgment could be rendered on the award, and enforced as in .other cases — Simpson v. McBee, 3 Dev., 532; Moore v. Austin, 85 N. C., 179 — but was under an outside and independent arrangement, substituted in place of the action, to settle and dispose of one and the same controversy. The disavowal of the agreement, and refusal to abide by the award on the part of the defendant, furnished a new cause of action for the recovery of damages at law, and relief could have been obtained in…
2Cases cited2 opinions
- Moore v. . AustinSupreme Court of North Carolina · 1881
- Crawford v. . OrrSupreme Court of North Carolina · 1881
3Cited by7 opinions
- Marianna & Blountstown Railroad v. MaundSupreme Court of Florida · 1911
- In Re the Administration of the Estate of ReynoldsSupreme Court of North Carolina · 1942
- Long v. FitzgeraldSupreme Court of North Carolina · 1887
- Jackson v. . McLeanSupreme Court of North Carolina · 1887
- Kelly v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
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