Hackney v. Adam
North Dakota Supreme Court
Appeal from District Court, Eddy county; Edward T. BwrTce, J. Action by James Hackney against Thomas L. Adam. From a judgment for plaintiff, and an order denying defendant’s motion to vacate an award, defendant appeals. Making and filing an award ends the powers of arbitrators. 2 Am. & Eng. Enc.
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Appeal from District Court, Eddy county; Edward T. BwrTce, J. Action by James Hackney against Thomas L. Adam. From a judgment for plaintiff, and an order denying defendant’s motion to vacate an award, defendant appeals. Making and filing an award ends the powers of arbitrators. 2 Am. & Eng. Enc. Law, p. 698; Dolce v. James, 4 N. Y. 568; Fallon v. Kelehar, 16 Hun, 266; Calvert v. Carter, 18 Md. 73; Flannery v. Sahagian, 134 N. Y. 85, 31 N. E. 319. Failure of witnesses and arbitrators to take oath, not objected to, will not invalidate award. Greer v. Canfield, 38 Neb. 169, 56 N. W. 884;…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment entered on an award of arbitrators, and also from an order thereafter made denying defendant’s application to vacate such award and the order for judgment thereon. The agreement to arbitrate is in the usual form, and no question is raised regarding its validity. Pursuant to the agreement the two arbitrators selected by the parties appointed a third arbitrator. Thereafter, and on November 27, 1907, the board of arbitrators, by the consent of both parties, who waived notice of the meeting, met, heard testimony, and made its award in writing in favor of…
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