Ex parte Wright
New York Supreme Court
Richardson sued Wright in the Oneida common pleas for an assault and battery. Issue being joined, the parties stipulated in writing to refer the cause to three persons ; that they should hear it on the pleadings; and that a judgment should be entered on their report. After-wards, the defendant revoked the submission ; but the referees, notwithstanding, proceeded to a hearing, and reported for the plaintiff.
Read the full summary
Richardson sued Wright in the Oneida common pleas for an assault and battery. Issue being joined, the parties stipulated in writing to refer the cause to three persons ; that they should hear it on the pleadings; and that a judgment should be entered on their report. After-wards, the defendant revoked the submission ; but the referees, notwithstanding, proceeded to a hearing, and reported for the plaintiff. Then, the defendant having threatened to move to set aside any judgment entered on the report, the plaintiff noticed his cause for trial at the last September term of the Oneida C. P. The…
1Per curiam
The court below were right. A general submission to arbitration is a discontinuance. Not so of a submission, where a judgment on the report, or a cognovit, is to follow. By the very terms of the submission, the cause is to be continued in court. The motion must be denied.
Motion denied.
2Cited by8 opinions
- Merritt v. . ThompsonNew York Court of Appeals · 1863
- Callanan v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1886
- McNulty v. . SolleyNew York Court of Appeals · 1884
- Hills v. PassageWisconsin Supreme Court · 1867
- Mooers v. AllenSupreme Judicial Court of Maine · 1853
3 more not listed; retrieve them via the Exa API.