Legal Opinion

Griffin v. . Hadley

Supreme Court of North Carolina

Decided December 5, 1860PublishedCited by 2 opinions

Appeal from the Superior Court of Johnston, Spring Term, 1860, Saunders, J., presiding. After pending for several terms, the following rule of Court was entered in the cause, to wit: “All matters in dispute referred to E. G-. Haywood.” The abitrator reports his proceedings, and the evidence laid before him, and thereupon awards as follows: The arbitrator, therefore, awards to the plaintiff $93.83, with interest on $62.50, from the first day of this term until paid.

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Appeal from the Superior Court of Johnston, Spring Term, 1860, Saunders, J., presiding. After pending for several terms, the following rule of Court was entered in the cause, to wit: “All matters in dispute referred to E. G-. Haywood.” The abitrator reports his proceedings, and the evidence laid before him, and thereupon awards as follows: The arbitrator, therefore, awards to the plaintiff $93.83, with interest on $62.50, from the first day of this term until paid. He further awards, that the defendant shall pay the costs of this suit, and also the costs of the reference, including $25 to be…

1Opinion of the CourtManly, J.

This cause, by a rule of the Court beiow, was referred to an arbitrator, whose award was to be a judgment of the Court. An award was, in due time, reported to the Court in favor of the plaintiff for $93.83, principal arid interest ; and for his costs to be taxed, including a fee to the arbitrator. Threó exceptions were taken by the defendant, to the award in the Court below, viz:

1st. Because the arbitrator had not allowed the defendant opportunity to procure witnesses.

2nd. Had not allowed defendant’s account as a set off.

3rd. Had not allowed credits stated and admitted by the plaintiff.

A…

2Cited by2 opinions

  1. Tri-State Transportation Co. v. Stearns Bros.Supreme Court of North Carolina · 1928
  2. Kelly v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892

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