Camp v. Root
New York Supreme Court
IN ERROR to the Court of Common Pleas of Oneida. County.; Root brought an action of Replevin against Camp and Clar/r,. administrators, &c. in which the defendants. avowed a taking for rent, &c. The plaintiffs pleaded in . ‘ 1 r bar to the avo\fries 5 to which pleas there was a demurrer . . . . , . . , _ . joinder.
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IN ERROR to the Court of Common Pleas of Oneida. County.; Root brought an action of Replevin against Camp and Clar/r,. administrators, &c. in which the defendants. avowed a taking for rent, &c. The plaintiffs pleaded in . ‘ 1 r bar to the avo\fries 5 to which pleas there was a demurrer . . . . , . . , _ . joinder. The parties, by. their attorneys, entered into a written agreement, or rule,by, consent, referring this and two other actions to Ezekiel Bacon, to be determined on legal principles 5 .and a rule was accordingly entered in the court below, as follows : “It is ordered that this cause…
1Per curiam
This is plainly a case of submission to arbitration ; it is, in no respect, a reference under the statute. The parties chose to enter their submission upon the minutes of the Court, and to direct the arbitrator to make report to the Court; but all this does not vary the rights of the parties, nor authorize the Court to give judgment immediately on the award.
The submission to arbitration was a discontinuance of the suit.
In the case of Yates v. Russell, in the Court of Errors, (a) it was expressly stipulated by the attorney for the defendant, that if the referees reported against him, judgment…
2Cited by11 opinions
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
- McNulty v. . SolleyNew York Court of Appeals · 1884
- Hills v. PassageWisconsin Supreme Court · 1867
- Campbell v. CampbellCourt of Appeals for the D.C. Circuit · 1915
- Perrigo Gold Mining & Tunneling Co. v. GrimesSupreme Court of Colorado · 1875
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