Ballard v. . Waldo
Supreme Court of North Carolina
This was an action of'trespass guare clausum fregit', brought to the Superior Court of Martin county, at Spring Term, 1860. The following pleas were entered : “ General issue,, license, accord and satisfaction, and statute of limitations.” At the same term the following entry was made on the docket: “ Eeferred to arbitration, order of survey, each, party to-choose his own surveyor, or to unite upon, one at their election.”
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This was an action of'trespass guare clausum fregit', brought to the Superior Court of Martin county, at Spring Term, 1860. The following pleas were entered : “ General issue,, license, accord and satisfaction, and statute of limitations.” At the same term the following entry was made on the docket: “ Eeferred to arbitration, order of survey, each, party to-choose his own surveyor, or to unite upon, one at their election.” The arbitrators were selected, and- at the same term, the following notice issued to them: “ To Ameleck C..Williams and William E. Brown* greeting: Ordered that the-three…
1Opinion of the CourtBattle, J.
Most of the objections to the award, made in the Court 'below, were addressed to the discretion of the Judge presiding in that-Court, and are admitted by the counsel,'not to be the subject of review in this -Court. The only exceptions to which our attention has been called-in the argument here, are said to be apparent upon the award itself, considered in connection with the manner and terms of the reference. It is contended, for the • defendants, that the reference, having-been made of a.cause pending in Court, and by a rule-of that Court, the award-does not dispose of all the matters which…
2Cited by3 opinions
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- Carter v. . SamsSupreme Court of North Carolina · 1838
- Hardin v. . Beaty and HogueSupreme Court of North Carolina · 1838