Tyson v. . Robinson
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, at Spring Term, 1843, his Honor Judge Settle presiding. This was an action on the case instituted in the Superior Court of Law of Anson county, the writ being returnable to March Term, 1841, when the following rule was entered upon the appearance docket, to wit, “ Referred to John A* ■McRae and A. D. Boggan and their award to be a rule of court.”
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Appeal from the Superior Court of Law of Anson County, at Spring Term, 1843, his Honor Judge Settle presiding. This was an action on the case instituted in the Superior Court of Law of Anson county, the writ being returnable to March Term, 1841, when the following rule was entered upon the appearance docket, to wit, “ Referred to John A* ■McRae and A. D. Boggan and their award to be a rule of court.” And at Spring Term, 1843, the plaintiff moved that an award filed by the said referees, pursuant to the preceding rule, might be made a rule of court, and that judgment might be rendered…
1Opinion of the Court
GastoN, J1
It is insisted' on the part of the appellant that the Superior Court erred in rendering a judgment on the award, first, because the defendant had, before the award' made, revoked his submission to arbitration, and secondly, because the rule of reference, under which the arbitrators professed-to act, had expired on the first day of the term, at-which the award was returned, and the award was not in fact made until a subsequent day of the term:
Where a submission to arbitration is made by the mere' agreement of the parties, beyond question, either of the parties can revoke such…
2Cited by8 opinions
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- Williams v. Branning Manufacturing Co.Supreme Court of North Carolina · 1910
- Weil v. MulvaneyIllinois Supreme Court · 1914
- McClay v. WilliamsonAppellate Court of Illinois · 1928
- Tarpley v. . ArnoldSupreme Court of North Carolina · 1946
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