Kelly v. Lynchburg & Durham Railroad
Supreme Court of North Carolina
This was a Motion to revise and reduce the compensation of arbitrators, heard at the October Term, 1891, of Durham Superior Court, by Winston, J. The following is the ruling and order: “The Court being of the opinion that the Court has no power to consider the evidence in the absence of sustained proof or allegation, or of some affidavit of a party setting forth and specifically charging fraud, collusion, conspiracy or unfairness, refuses said motion.”
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This was a Motion to revise and reduce the compensation of arbitrators, heard at the October Term, 1891, of Durham Superior Court, by Winston, J. The following is the ruling and order: “The Court being of the opinion that the Court has no power to consider the evidence in the absence of sustained proof or allegation, or of some affidavit of a party setting forth and specifically charging fraud, collusion, conspiracy or unfairness, refuses said motion.” The defendant excepted. Judgment for the arbitrators. The other facts may be gathered from the opinion of the Court.
1DissentShepherd, J.
The following is the ruling and order:
"The court being of the opinion that the court has no power to consider the evidence in the absence of sustained proof or allegation, or of some affidavit of a party setting forth and specifically charging fraud, collusion, conspiracy, or unfairness, refuses said motion."
The defendant excepted. Judgment for the arbitrators.
The other facts may be gathered from the opinion of the Court. If the parties had not incorporated into the agreement to submit to arbitration a provision that the arbitrators might fix their own compensation, the duty of determining…
2Cases cited9 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- Stevens v. . BrownSupreme Court of North Carolina · 1880
- Freeman v. . PersonSupreme Court of North Carolina · 1890
- Metcalf v. . GuthrieSupreme Court of North Carolina · 1886
- Long v. FitzgeraldSupreme Court of North Carolina · 1887
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