Legal Opinion

Runyon v. Rutherford

West Virginia Supreme Court

Decided March 22, 1904Published

Error to' Circuit Court, Mingo County. • Action by Lewis Bunyon against Lewis Butherford and others. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

POEEENBARGER, PRESIDENT:

The entry of an award of arbitrators as the judgment of the •court in an action of assumpsit in the circuit court of Mingo ■county is the subject of complaint here, and the principal assignments of error rest upon two grounds, namely, that the award is not final for want of a necessary party to the submission, and that the umpire signed it as arbitrator, instead of umpire. To show- the propriety of the application of certain legal principles, under which the first objection to the award is deemed to be untenable, it is necessary to state the nature and origin of the…

2Cases cited2 opinions

  1. Turner v. StewartWest Virginia Supreme Court · 1902
  2. McCarthy v. SwanMassachusetts Supreme Judicial Court · 1888

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