Jacoby v. Johnston
New York Supreme Court
Appeal from an order at special term denying the defendants’ motion for an order to discontinue the action and strike the cause from the calendar. The action was brought by Henry Jacoby against David Johnston and John Johnston, to recover for wrongfully entering upon and taking from plaintiff’s lands certain timber, etc.
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Appeal from an order at special term denying the defendants’ motion for an order to discontinue the action and strike the cause from the calendar. The action was brought by Henry Jacoby against David Johnston and John Johnston, to recover for wrongfully entering upon and taking from plaintiff’s lands certain timber, etc. The case had been submitted to arbitration, after the action was commenced, after which plaintiff put the cause upon the circuit calendar and noticed it for trial. The opinion states the other material facts.
1Opinion of the CourtDavis, P. J.
The submission to arbitration of the subject-matter of this action was full and absolute. Its effect would have been a discontinuance of the action, but for the clause making special provision in relation to the action. That clause provides, “That the action in the supreme court aforesaid, and all proceedings therein or in relation thereto, shall he stayed pending the award of said arbitrators.”
The stay of proceedings thus provided for indicates an intention not to have the submission operate as an' absolute discontinuance, as otherwise it would have done. It does, however, operate as a…
2Cases cited5 opinions
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Larkin v. RobbinsNew York Supreme Court · 1829
- Jordan v. HyattNew York Supreme Court · 1848
- Robertson v. M'NielNew York Supreme Court · 1834
- Van Antwerp v. StewartNew York Supreme Court · 1811