Citation Numbers: 2 Grant 20
Judges: Lewis, Woodward
Filed Date: 10/7/1852
Status: Precedential
Modified Date: 2/18/2022
The opinion of the court was delivered October 7, 1852, by
— The compulsory arbitration law has place only in actions pending at the time the rule is entered, or the reference agreed upon; and an appeal, such as is contemplated by the statute, can exist in no other. But to give to the term “appeal,” as used in the agreement before us, a technical appli
By the common law, either party may revoke a submission, even though contrary to his express agreement, at any time before the award is made; and there is no rule of law which prevents an extension of the time for revocation by mutual consent. This is all that was done in the present case. The right of revocation was extended for twenty days, upon the terms prescribed, and the terms were proper and appropriate to the object. The dissatisfied party was required to signify his intention, so that the other should have notice, and to file the agreement for an amicable action, in order that the controversy might be settled by due course of law.
The plaintiff in error has complied with these terms. The award therefore falls to the ground with the submission, and nothing remains but the amicable action. As the award was thus nullified, strictly speaking, there was no appeal upon which the order of the court quashing the appeal could operate; but as it is understood to be a final judgment, which arrests the further proceedings in the cause, it is reversed, and a procedendo awarded.
Judgment reversed, and procedendo awarded.