Rhodes v. Hardy
Mississippi Supreme Court
Ekrob to the Circuit Court of Marshall County. Hon. O. Davis, Judge. William Rhodes, intestate of the plaintiff in error, and Hardy, the defendant in error, referred to J. W. C. Watson and W. S. Featherston, as arbitrators, certain matters of difference between them, with power to choose an umpire, should they disagree. The article of submission is without date.
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Ekrob to the Circuit Court of Marshall County. Hon. O. Davis, Judge. William Rhodes, intestate of the plaintiff in error, and Hardy, the defendant in error, referred to J. W. C. Watson and W. S. Featherston, as arbitrators, certain matters of difference between them, with power to choose an umpire, should they disagree. The article of submission is without date. The following award was made : — “The undersigned, J. W. C. Watson and W. S. Featherston, to whom was submitted all matters of controversy between William Rhodes and Barnett Hardy, growing out of matters connected with the purchase of…
1Opinion of the CourtSimrall, C. J.
We are inclined to the opinion that the submission intended that the award should be made between the fourteenth day of September and the 25th of the following December; because the latter day is appointed as the last on which the sum awarded, if any, shall be paid. If what was done by the arbitrators and the umpire on the 14th of September was final, it was within the time limited, and the plaintiff ought to have recovered. If it was not final, but adjourned one of the questions submitted, then the arbitrators have lost power over the subject, and a subsequent decision would be invalid.
Two…
2Cases cited5 opinions
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