Grosvenor v. Hunt
New York Supreme Court
Motion by the plaintiff for an attachment against the sheriff of Monroe county for not returning an execution. The plaintiff recovered a judgment against the defendant in an action for slander, and issued an execution on the judgment.
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Motion by the plaintiff for an attachment against the sheriff of Monroe county for not returning an execution. The plaintiff recovered a judgment against the defendant in an action for slander, and issued an execution on the judgment. The defendant then appealed from the judgment to the general term ; after which the parties, by an agreement in writing, and mutual bonds of submission, setting forth the pendency of the action, the judgment, and the appeal, submitted the action to the determination of certain persons named as arbitrators. On the parties appearing before the arbitrators, who had…
1Opinion of the Court
T. R. Strong, Justice.
The general doctrine, that a mere submission to arbitration of an action depending in court, without any provision that judgment may be entered on the award, is a discontinuance of the action, is well settled. (Ressequie agt. Brownson, 4 Barb. 541, and cases there cited.) The ground upon which the doctrine'rests is, that the parties have selected another tribunal—one of their own creation, to settle the controversy. (Same cases.)
It is conceded by the counsel on this motion, on both sides, that the submission between the parties, referred to in the papers, was a…
2Cases cited5 opinions
- President of the Ontario Bank v. HallettNew York Supreme Court · 1828
- Miller v. Van AnkenNew York Supreme Court · 1828
- Brockway v. JewettNew York Supreme Court · 1853
- Ressequie v. BrownsonNew York Supreme Court · 1848
- Orange County Bank v. DuboisNew York Supreme Court · 1839
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