Sargeant v. Butts
Supreme Court of Vermont
Assumpsit on an award. Plea, the general issue, and trial by jury, November Adjourned Term, 1848, — Royce, Ch. J,, presiding.
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Assumpsit on an award. Plea, the general issue, and trial by jury, November Adjourned Term, 1848, — Royce, Ch. J,, presiding. On trial it appeared, that on the fourteenth day of August, 1847, the plaintiff and defendant mutually agreed to submit a certain matter of difference, existing between them, to the arbitrament and final decision of two arbitrators, named, and promised to abide and perform their award; that the arbitrators met the parties on the same .day, which was on Saturday, both parties attending, and continued to hear the parties and their counsel, upon the matter submitted,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It does not appear, that any question was made in the court below in regard to the submission following the award. If not, it could not be raised here for the first time, unless some general exception were taken at the trial, which included this within its scope. That was not the case here. The case expressly states, that one matter was submitted and the same matter awarded upon. So that there really is no ground whatever for any such exception now to rest upon. . The mere formal recitation in the preamble of the award, that this and all…
2Cases cited1 opinion
- Adams v. GaySupreme Court of Vermont · 1847
3Cited by15 opinions
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- Tucker v. WestSupreme Court of Arkansas · 1874
- Blood v. BatesSupreme Court of Vermont · 1858
- Adams v. CookSupreme Court of Vermont · 1917
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