Bray v. . Staples
Supreme Court of North Carolina
ActioN tried before Ferguson, J., and a jury, June Term, 1906, of Guilfoed. Tbe facts necessary to a disposition of this appeal are: In an action pending in the Superior Court of Guilford County, A. L. Brooks, Esq., was duly appointed receiver of the estate of B. F. Fisher, deceased.
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ActioN tried before Ferguson, J., and a jury, June Term, 1906, of Guilfoed. Tbe facts necessary to a disposition of this appeal are: In an action pending in the Superior Court of Guilford County, A. L. Brooks, Esq., was duly appointed receiver of the estate of B. F. Fisher, deceased. In the discharge of his duties, it became necessary for him to settle with the defendant, John N. Staples, a claim presented by said defendant against the estate of said Fisher, for professional services rendered said Fisher prior to his death. For the purpose of fixing the amount due said defendant^ the…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The right of the plaintiff to the relief demanded and the ruling of his Llonor depend upon the answer to questions in regard to which there is no conflicting evidence. Does the failure of the arbitra tors to notify the parties of the appointment of Mr. Reid as “third arbitrator,” and of the time and place of their meeting with him to finally hear and determine the matters submitted to them, and the failure of Mr. Reid to hear the evidence from the witnesses, invalidate the award? The question does not appear to have been decided by this Court. In Russell on…
2Cases cited5 opinions
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Day v. . HammondNew York Court of Appeals · 1874
- Alexander v. CunninghamIllinois Supreme Court · 1884
- Borst v. NalleSupreme Court of Virginia · 1877
- Gaffy v. Hartford Bridge Co.Supreme Court of Connecticut · 1875
3Cited by1 opinion
- Starr v. . O'QuinnSupreme Court of North Carolina · 1920