Knipe v. Harrington

Decided August 3, 1820

Indiana Supreme Court · decided 1820-08-03

— Harrington sued Knipe in an action of covenant. Whilst the suit was pending, the parties agreed to refer it to arbitration; and on the 17th of August, 1819, they respectively executed bonds of submission to abide by the award of arbitrators. According to the condition of the bonds, the award was to be made in writing, and returned to the Court at the September term next ensuing; and the submission was to be made a rule of Court.

Decided 1820-08-03

Blackford, J.

¶1The award in this case, should have been returned to the Circuit Court, at the September term, 1819, which was the time limited for that purpose by the bonds of submission. No return was then made; nor does any consent appear to have been given for an enlargement of the time. This entire disregard of the subject at the proper time, prevents the party from deriving any benefit from the award subsequently re' turned (1).

Holman, J., was absent in consequence of indisposition.Per Curiam.

¶2The judgment on the award in this case is reversed, with costs. Cause remanded for further proceedings.

¶3 Vide Mitts v. Conner, in this Court, ante, p. 7.