The American Decisions (Volume 48); Cases of General Value and Authority Decided in the Courts of Several States (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1910. Excerpt: ... Appeal from a judgment on an award. Defendants moved for an arrest of judgment because Nancy Jenkins, one of the defendants, was not a party to the award. Motion overruled and exceptions taken. The opinion states the facts. J. M. Smiley, for the appellants. L. Lea, for the appellee. By Court. It seems that Gillespie claimed the right to subject certain negroes in possession of, and claimed by, Nancy Jenkins, to an execution in his favor against one Whittington, on the ground of a liability which had attached before the said Nancy acquired title. In order to settle the matter amicably, the parties agreed to submit it to the arbitrament of seven persons, and accordingly all signed an agreement for that purpose, in which it was also agreed that it should be made a rule of court, on which judgment should be entered according to the award. Subsequently it was agreed in writing, signed only by William Jenkins and Gillespie, that five persons should act instead of seven, a majority of whom should be authorized to make the award, and accordingly an award was made by three, two dissenting. Nancy Jenkins was not a party to this last agreement, unless she is bound by the assent of her attorney at law, James M. Smiley, who states that he was attorney for Nancy Jenkins, and assented to the modification of the submission; and the question is, whether Nancy Jenkins is bound by the award. The general doctrine is that an attorney who is employed in a suit, may submit the matter in dispute to arbitration, because he may do anything, by the implied assent of the client, arising from his employment in the suit, which the court may approve, in the progress of the cause: Kyd on Awards, 27. The reason of the rule shows its limit. There must be a cause pending which the attorney is employed to manage. This...