Callanan v. Port Huron & Northwestern Railway Co.

In this case a jury was, without objection, sworn to try the cause on the merits ; and, having heard the plaintiff’s ease, the defendant, under a notice in bar puis darrein continuance, was allowed to show an agreement to arbitrate the matter in dispute, and enter judgment on the award when rendered, under which no steps were taken to complete an award. The court held that this put an end to the suit, and so the jury found. Plaintiff brings error.

There is, so far as we have discovered, no authority in favor of treating such a defense as one which can be introduced in bar upon a trial on the…