Stevens v. . Brown
Supreme Court of North Carolina
Civil Action to. recover possession of land tried at Fall Term, 1879, of BüNCOmbe Superior Court, before Graves, J. The action having been depending for several terms, it was agreed at fall term, 1879, of said court, that the cause should be referred to arbitrators to settle the differences between the parties, when the following entry was made upon the docket: “ It is agreed by the parties to the above entitled action that the issues therein be referred to R. V. Black-stock…
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Civil Action to. recover possession of land tried at Fall Term, 1879, of BüNCOmbe Superior Court, before Graves, J. The action having been depending for several terms, it was agreed at fall term, 1879, of said court, that the cause should be referred to arbitrators to settle the differences between the parties, when the following entry was made upon the docket: “ It is agreed by the parties to the above entitled action that the issues therein be referred to R. V. Black-stock and T. C. Westall, as arbitrators, with leave to choose an umpire in case they cannot agree. The said arbitrators may…
1Opinion of the CourtAshe, J.
There is no error in. the ruling of the court upon either of the exceptions. It is the policy of the law to sustain awards by giving them a liberal construction, and not allow them to be set aside upon light and technical objections. In the case of Borretz v. Patterson, Tay Rep., 37, Chief Justice Taylor held that “awards are to be construed liberally, and nice objections ought not tobe allowed to defeal them. * * * To adapt the rigorous rules to them, or pursue them through the endless subtlety of refinements, would be in truth to render awards of no use in the main purpose of their…
2Cited by8 opinions
- Clark Millinery Co. v. National Union Fire InsuranceSupreme Court of North Carolina · 1912
- Geiger v. . CaldwellSupreme Court of North Carolina · 1922
- Bryan v. . JeffreysSupreme Court of North Carolina · 1889
- Carter v. . SamsSupreme Court of North Carolina · 1838
- Byrne v. UsrySupreme Court of Georgia · 1890
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